Property Division Enforcement – Harris County

Property Division Enforcement in Texas

Consult Our Harris County Family Law Attorney for Decree Compliance

After a divorce decree is finalized, specific asset distribution is mandated, either requiring you to relinquish assets to your ex-spouse or vice versa. If there’s a violation of these terms by your ex-spouse, especially regarding community estate division, you might be eligible to file an enforcement motion.

The Law Office of Bryan Fagan, PLLC is dedicated to ensuring your divorce decree’s provisions are respected. Our Harris County family lawyer will comprehensively review your situation to identify all legal avenues for securing the desired outcome. We will explore whether mediation or binding arbitration is feasible before seeking a court order, especially if there are potential enforcement challenges.

Steps to Enforce Property Division:

An “enforcement motion” must be filed in the court where the divorce was initially processed. If both parties now reside in another state, filing there is possible.

The timeframe to file an enforcement motion is within two years from the final decree’s signing.

Texas courts may enforce property division through several methods:

  • 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 or probation.
  • The court may award attorney fees and costs to the wronged party.

Evaluate Your Case with Us

It’s important to note that Texas courts cannot alter the property division aspect of a final divorce decree. Enforcement motions are strictly for ensuring adherence to the stated provisions and clarifying any ambiguous elements. If the court’s property division is unclear, the judge may make clarifications to enable enforceability.

If you wish to file, or are involved in, a property division enforcement, contact us and schedule an appointment today!

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