Property Division Enforcement

Property Division Enforcement in Montgomery County, Texas

Secure Your Rights with Our Montgomery County Family Law Attorney

After a final divorce decree is issued, you may be entitled to certain assets or required to surrender them to your ex-spouse. In cases where your ex-spouse fails to comply with the division of the community estate as outlined in the decree, you might need to file an enforcement motion.

At the Law Office of Bryan Fagan, PLLC, we are dedicated to ensuring your divorce decree is fully enforced. Our Montgomery County family lawyer will thoroughly review your case and explore all legal avenues to achieve your desired outcome. Before seeking a court order, we’ll assess if mediation or binding arbitration could be more effective for enforcing property division, especially if you anticipate compliance issues.

Filing for Enforcement of Property Division

To enforce property division, file an “enforcement motion” in the court where your divorce was originally filed. If both parties now reside in another state, filing in the new state is possible.

You have a two-year window from the signing of the final decree to file an enforcement motion.

A Texas court may enforce the division of property in one of the following ways:

  • Ordering the violating spouse to pay a monetary judgment if they fail to comply with the decree.
  • Mandating the transfer of disputed property or an equivalent monetary value.
  • Requiring payment of any ordered amounts that remain unpaid.
  • Potential incarceration or probation for the violating party through contempt of court.
  • Awarding legal fees and costs to the party wronged.

Ready to Evaluate Your Case Today!

Note that a Texas court cannot alter the property division in the final divorce decree. Enforcement motions are limited to what is stated in the decree and clarifying any vagueness. If the court’s division is not specific enough for enforcement, the judge may clarify the order to make it enforceable.

For assistance with property division enforcement in Montgomery County, Texas, contact us and schedule an appointment today!

Property division
FREE Property Division Enforcement E-Book

Family Law & Estate Planning Forms

Family Law

Contact Us

The First Step is Starting the Conversation

"(Required)" indicates required fields

Our Blog

Diving into the Lone Star Legal Drama: Unraveling Divorce and The Property Division Guide Mystery in Texas!

Dust Off Your Boots: A Texan’s Guide to Community Property Divorce

Divorce in Texas: Claiming Your Share, Protecting Your Future!