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Property Division in Old Preston Hollow, Texas

Property Division in Old Preston Hollow
Once a judge finalizes a divorce decree, you must either yield certain assets to your ex-spouse or receive them. If your former spouse fails to comply with the provisions of the divorce decree pertaining to the division of the marital estate, you may be eligible to file an enforcement motion.
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Enforcing Property Division in Old Preston Hollow, Texas

Let Our Porter Family Law Attorney Protect Your Rights & Enforce Your Divorce Decree

Once a judge finalizes a divorce decree in Old Preston Hollow, you must either transfer specific assets to your ex-spouse or receive them. If your former spouse fails to comply with the provisions of the divorce decree regarding the division of marital property, including considerations of the debt to equity ratio, you may be eligible to file an enforcement motion.

The Law Office of Bryan Fagan is dedicated to ensuring that the terms of your finalized divorce decree are upheld in Old Preston Hollow. Our family lawyer in Old Preston Hollow conducts a comprehensive review of your case, including an assessment of the debt to equity ratio, exploring all legal avenues to achieve the most favorable outcome. Before pursuing a court order, we carefully assess whether mediation or binding arbitration might offer a more effective resolution if challenges arise in enforcing the property division.

Filing for Enforcement of Property Division in Old Preston Hollow

To enforce property division, you must file an “enforcement motion” with the court where the divorce was originally filed in Old Preston Hollow. If you and your ex-spouse now reside in a different state, filing the order in your current state may be possible. The court may also consider the debt to equity ratio when reviewing compliance with the division terms.

You have a two-year window from the signing of the final decree to initiate an enforcement motion in Old Preston Hollow, taking into account any issues related to the debt to equity ratio.

Texas Divorce Property Division Enforcement

A Texas court can enforce property division in several ways:

  • If a spouse fails to comply with the decree, the court may issue a monetary judgment in favor of the aggrieved party.
  • The non-compliant spouse may be directed to transfer the disputed property or an equivalent sum of money to the aggrieved party.
  • If a spouse fails to make a required payment, the court can order the unpaid amount to be provided to the affected party.
  • The non-compliant party may face contempt charges, potentially resulting in imprisonment or probation.
  • The court may award attorney fees and costs to the aggrieved party.

Ready for Dividing Assets in Separation

Remember, a Texas court cannot alter the property division provision in the final divorce decree in Old Preston Hollow. An enforcement motion for property ensures enforcement limited to what the decree specifies and resolves any uncertainties, including those related to the debt to equity ratio. If the court’s property division lacks sufficient detail for enforcement via contempt or other means, the judge can clarify the order to ensure enforceability.

Contact us at The Law office of Bryan Fagan now!

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