Property Division Enforcement in Texas
Let Our Spring Family Law Attorney Protect Your Rights & Enforce Your
Once a judge orders a final decree of
divorce, you were either ordered to surrender specific
assets to your ex-spouse or receive them. If your ex-spouse violates the divorce
decree’s provisions in relation to the division of the community
estate, you may be able to file for an enforcement motion.
Law Office of Bryan Fagan, we are committed to ensuring the provisions of your final divorce decree
are fulfilled. Our
Spring family lawyer can thoroughly evaluate your case and determine all of the available legal
options to help you obtain the outcome you desire. Prior to getting a
court order, we can determine whether mediation or binding arbitration
may be a better option if you anticipate issues with enforcing property division.
How to File for Enforcement of Property Division?
The enforcement motion needs to be filed in the court where your divorce
was originally finalized. However, if you and your ex-spouse both live
in another state, the decree may need to be registered in the new state
and have the matter heard there.
The motion must be filed within two years after the final decree was signed
by the court. If there is now property which exists after the divorce,
then the motion should be filed within two years of the date the right
to the property came into existence.
A Texas court may enforce the division of property in one of the following ways:
- If a spouse fails to adhere to the decree, the court may award a judgment
for money to the wronged party.
- The violating spouse may be ordered to give the disputed property, or an
equivalent sum of money, to the wronged party.
- If a spouse failed to make a payment that was ordered, the court may order
to pay the unpaid amount to the wronged party.
- The violating party could be held in contempt, which may result in incarceration
- The court may award attorney fees and costs to the wronged party.
Ready to Evaluate Your Case Today!
Keep in mind, a Texas court may not change the division of property provision
in the final divorce decree. A motion for enforcement of property is only
limited to enforcing what is sated in the decree and clarify the parts
that are considered vague. However, if the court’s division of that
property is not specific enough to enforce by contempt or otherwise, the
judge can clarify the order to make it more specific and, in turn, enforceable.
If you wish to file, or are involved in, a property division enforcement,
contact us and schedule an appointment today!