Property Division in West Dallas, Texas

Enforcing Property Division in West Dallas, Texas

Protect Your Rights and Enforce Your Divorce Decree with Our West Dallas Family Law Attorney

After a judge finalizes a divorce decree in West Dallas, 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 be eligible to file a motion for enforcement.

Bryan Fagan’s Law Office diligently ensures that the terms of your finalized divorce decree are honored in West Dallas. Our family lawyer in West Dallas thoroughly evaluates your case and explores all legal avenues to achieve the best possible outcome. Before pursuing a court order, we evaluate whether mediation or binding arbitration could provide a more suitable resolution if you anticipate challenges in enforcing property division.

Filing for Enforcement of Property Division in West Dallas

To enforce property division, you must file an “enforcement motion” with the court where the divorce was originally filed in West Dallas. However, if both you and your ex-spouse now reside in a different state, it may be possible to file the order in your current state.

You have a two-year period from the signing of the final decree to file an enforcement motion in West Dallas.

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 required to transfer the disputed property or an equivalent sum of money to the aggrieved party.
• If a spouse neglects to make a required payment, the court can direct the unpaid amount to the affected party.
• The non-compliant party could face contempt charges, potentially resulting in imprisonment or probation.
• The court may grant 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 West Dallas. An enforcement motion for property division limits enforcement to what the decree specifies and clarifies any uncertainties. However, if the court’s property division lacks sufficient specificity for enforcement through contempt or other means, the judge can clarify the order to ensure enforceability.