Texas divorce has been finalized, all the parties have signed the Final Decree of Divorce
as well as the Judge. That decree awards you the marital home and certain
pieces of property within it. One problem still remains, however- how
to remove the items left behind by your ex-spouse that were awarded to
him or her in the divorce.
The attorneys with the Law Office of Bryan Fagan can walk you through this
post-divorce quagmire in order to help you avoid any nasty conflicts or
trips back to Court.
When we’re discussing property, what exactly do we mean? The author
of this blog post doesn’t merely mean:
- a couch,
- a kitchen utensil or an end table.
Items with significant value in terms of sentiment (old photograph of your
Grandmother) or a financially valuable item (firearm) are all in play
here. No matter if the parties agreed to the dissolution of the marriage
and its estate, or if a judge made an order after a trial, the effect
of the court’s order is the same.
Texas divorce decree with spell out with a fair deal of specificity the:
- when and
- how of removing personal property from the residence.
For some spouses, most property will have already been removed prior to
the divorce. However, in situations where the spouses are not on speaking
terms or where one spouse moved some distance from the marital home items
can remain in the house up until the final days of a divorce.
If your divorce decree doesn’t specify how and when items need to
be removed, consider the following pieces of advice:
Where are the items being stored and who owns the house?
If your spouse’s name is on the deed to the house, they technically
have a right to all the items within the house until a court order says
otherwise. There may be a vague, middle ground wherein a court order has
been signed removing one spouse from an interest in the property but documents
ensuring that this occurs have not been drafted or signed yet by the parties
making that court order legally binding.
In this situation, it is best to contact your ex-spouse (or their attorney)
to let them know that they have a certain amount of time to remove those
items which were awarded to them in the
Texas divorce suit.
Send a certified letter giving your ex-spouse notice of your intent to
remove their belongings if they do not do so first
Rather than asking your ex-spouse how and when they would like to remove
the subject belongings from your residence, it is best to provide a specific
time and date as to when the items need to be removed. At the very least
this can get a conversation started on the issues at hand and can lead
to an amicably agreed to deadline.
Thirty days is a reasonable length of time for a person to get their logistics
in line to move items from the home they no longer have any interest in.
What Happens if I want the property back?
If the shoe is on the other foot, and it is you who wants your property
from the marital residence but your ex-spouse will not allow it, there
are a few steps that can be taken to protect your rights.
First, it is often the best practice to have your attorney send a letter
either to your ex-spouse’s lawyer or your ex-spouse personally.
Explaining in the letter the areas of the divorce decree that your ex-spouse
is violating can pinpoint the issues that are being disputed and can cause
a dialogue to occur that results in a remedy.
If all else fails, head back to the Courtroom.
Seeking an additional order from the court detailing how your property
can be removed from your former residence is an option. The other option
is what’s known as an enforcement.
An enforcement simply outlines those orders from the court that have been
violated and seeks relief from the court in the form of fines and/or attorney’s fees.
However, going to court means costs of re-hiring your
Houston divorce attorney or hiring a new
Houston divorce lawyer and then actually going to court at least once to resolve the conflict.
Taking remedial measures to resolve any outstanding issues without having
to go to court is typically your best bet.
The Attorneys with the Law Office of Bryan Fagan represent people in Houston,
Galveston, Conroe, Spring, The Woodlands, Tomball and many other areas
in southeast Texas. Consultations with an attorney are free of charge.
If you want to know more about what you can do,
CLICK the button below to get your
“16 Steps to Help You Plan & Prepare for Your Texas Divorce”
Other Articles you may be interested in:
- Why is Separate Property Important and How to Keep it Separate in a Texas Divorce?
- What Wikipedia Can’t Tell you About Texas Divorce and Marital Property Division
- Texas Divorce Property Division Enforcement
- Separate Property in a Texas Divorce?
- Does it Matter Whose Name is on Title or Deed of Property in a Divorce in Texas?
- Is Social Security Considered Separate Property in a Texas Divorce
- Business Owners and Business Assets in a Texas Divorce
- What to do when your divorce decree does not include a marital asset?
- High Net Worth Divorce / High Asset Divorce
Law Office of Bryan Fagan | Houston, Texas Divorce Lawyers
The Law Office of Bryan Fagan routinely handles matters that affect children
and families. If you have questions regarding
divorce, it's important to speak with one of our
Houston, TX Divorce Lawyers right away to protect your rights.
divorce lawyers in Houston TX are skilled at listening to your goals during this trying process and
developing a strategy to meet those goals.
Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online
form. The Law Office of Bryan Fagan handles
Divorce cases in Houston, Texas, Cypress, Klein,
The Woodlands, the FM 1960 area, or surrounding areas, including
Fort Bend County and