Enforcing Property Division in West End, Texas
Enable Our Porter Family Law Attorney to Safeguard Your Rights & Enforce Your Divorce Decree
Once a divorce decree is finalized in West End, you must either transfer specific assets to your ex-spouse or receive them. Should your former spouse fail to comply with the provisions of the divorce decree concerning the division of marital property, 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 in West End are upheld. Our family lawyer in West End thoroughly assesses 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, especially if challenges in enforcing the property division are anticipated.
Initiating Enforcement of Property Division in West End
To enforce property division, you must file an “enforcement motion” with the court where the divorce was originally filed in West End. If you and your ex-spouse now reside in different states, 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 initiate an enforcement motion in West End.
Enforcing Property Division in Texas Divorces
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 Asset Division Upon Separation
Remember, a Texas court cannot modify the property division provision in the final divorce decree in West End. An enforcement motion for property confines enforcement 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 means, the judge can clarify the order to ensure enforceability.
