Enforcing Property Division in Spring, Texas
Let Our Spring Family Law Attorney Safeguard Your Rights & Enforce Your Divorce Decree
Once a divorce decree is finalized by a judge, you are either required to 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.
At the Law Office of Bryan Fagan, PLLC, we strive to ensure the stipulations of your finalized divorce decree are honored. Our family lawyerr in Spring, Texas, can meticulously review your case and identify all legal options to help achieve the result you seek. Before resorting to a court order, we can explore whether mediation or binding arbitration might be a more suitable solution if you foresee challenges with enforcing the property division.
Filing for Enforcement of Property Division in Spring, TX
To enforce property division, an individual needs to file an “enforcement motion” with the court where the divorce was initially filed. However, if both you and your ex-spouse now reside in a different state, it may be feasible to file the order in your current state.
You have a two-year window from the signing of the final decree to file an enforcement motion.
- Texas Divorce Property Division Enforcement
- Enforcement Suits in Texas Family Law: An Overview
- Enforcement Suits in Texas Family Law, Part Two
A Texas court can enforce property division in several ways:
- If a spouse does not comply with the decree, the court may grant a money judgment to the aggrieved party.
- The non-compliant spouse may be directed to transfer the disputed property, or a comparable sum of money, to the aggrieved party.
- If a spouse neglects to make a mandated payment, the court can order the unpaid amount to be given to the aggrieved party.
- The non-compliant party could face contempt charges, which can lead to imprisonment or probation.
- The court may award attorney fees and costs to the aggrieved party.
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Remember, a Texas court cannot alter the property division provision in the final divorce decree. An enforcement motion for property is confined to enforcing what is outlined in the decree and clarifying aspects that are deemed ambiguous. However, if the court’s division of the property lacks sufficient specificity for enforcement through contempt or other means, the judge can clarify the order to make it more specific and, therefore, enforceable.
If you wish to file, or are involved in, a property division enforcement, contact us and schedule an appointment today!
