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Enforcing Property Division in Preston Hollow, Texas
Let Our Porter Family Law Attorney Safeguard Your Rights & Enforce Your Divorce Decree
Once a judge finalizes a divorce decree in Preston Hollow, you must either transfer specific assets to your ex-spouse or receive them. If your former spouse fails to adhere to the provisions of the divorce decree regarding the division of marital property, you may qualify to file an enforcement motion.
At Bryan Fagan Law Office, we are dedicated to ensuring that the terms of your finalized divorce decree are honored in Preston Hollow. Our family attorney in Preston Hollow meticulously evaluates your case and explores all available legal avenues to achieve the best possible outcome. Before seeking a court order, we carefully assess whether mediation or binding arbitration could offer a more effective resolution, especially if there are expected challenges in enforcing the property division.
Filing for Enforcement of Property Division in Preston Hollow
To enforce property division, you must file an “enforcement motion” with the court where the divorce was originally filed in Preston Hollow. However, if both parties now reside in a different state, it may be possible to file the order in the current state of residence.
You have a two-year window from the date of signing the final decree to file an enforcement motion in Preston Hollow.
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.
Prepared for Dividing Assets During Separation
It’s important to note that a Texas court cannot alter the property division provision in the final divorce decree in Preston Hollow. An enforcement motion for property limits enforcement strictly to what the decree specifies and clarifies any ambiguities. However, if the court’s division of property lacks sufficient specificity for enforcement through contempt or other legal means, the judge can clarify the order to ensure it is enforceable.
