Property Division Enforcement in TheWoodlands, Texas
Let Our Family Law Attorney Protect Your Rights & Enforce Your Divorce Decree
Once a judge orders a final decree of divorce, you may be required to surrender specific assets to your ex-spouse or receive them. In case your ex-spouse violates the divorce decree’s provisions regarding the division of the community estate, you have the option to file for an enforcement motion.
At the Law Office of Bryan Fagan, PLLC, we are dedicated to ensuring the fulfillment of the provisions stated in your final divorce decree. Our experienced family lawyer in The Woodlands, Texas, can thoroughly assess your situation and determine the best available legal options to help you achieve your desired outcome. Prior to seeking a court order, we can evaluate whether mediation or binding arbitration may be more suitable if enforcing property division becomes problematic.
How to File for Enforcement of Property Division?
To initiate the process, you must file an “enforcement motion” with the court where you initially filed for divorce. If both you and your ex-spouse reside in another state, it is possible to file an order in the new state.
You have a two-year window from the date the final decree was signed 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
In Texas, a court may enforce the division of property using the following methods:
- If one spouse fails to comply with the decree, the court may grant a judgment for monetary compensation to the aggrieved party.
- The violating spouse may be directed to transfer the disputed property or an equivalent amount of money to the aggrieved party.
- If a spouse fails to make a court-ordered payment, the court may order the outstanding amount to be paid to the aggrieved party.
- The violating party may face contempt charges, potentially resulting in incarceration or probation.
- The court may award attorney fees and costs to the aggrieved party.
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It is important to note that a Texas court cannot modify the division of property provisions stated in the final divorce decree. A motion for enforcement of property is confined to enforcing what is stipulated in the decree and clarifying any ambiguous parts. However, if the court’s division of the property lacks specificity for enforcement through contempt or other means, the judge can modify the order to make it more explicit and, consequently, enforceable.