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Texas Divorce Property Division Enforcement

Many people feel relief when their divorce proceedings end and they get the chance to start their lives over. Your new beginning can be frustrated when your ex-spouse refuses to comply with the court’s property division. Our attorneys are available to help you ensure that the court’s order is followed, and your property is protected, as you go into this new phase in your life.

Houston Property Division Enforcement Attorneys

We at the Law Office of Bryan Fagan, PLLC are dedicated to the service of our clients' best interests in matters of property division enforcement. Dealing with the laws regarding property division in Texas can be a difficult matter, so we provide our services to clients throughout the greater Houston area, including the surrounding areas of Harris, Waller, Fort Bend, Montgomery, Washington, and Grimes counties. Let us work to ensure that you keep the property you are entitled to own after your divorce.

Just and Right Division

Texas property law is unique, in that most of the property acquired by the couple during the marriage becomes “community property.” This property does not belong to either of the spouses individually, but instead belongs to the marriage. When the marriage ends, the court divides up this property in a “Just and Right Division.”

What is “Just and Right” is a question for the court. Who gets what is based on a lot of factors, including the history, income, and behavior of the spouses.

Protecting Property during the Divorce

During the divorce proceedings, the court can issue a Temporary Restraining Order to prevent one spouse from removing, tampering with, or damaging property. These restraining orders can also be issued to prevent other harassing behaviors by either spouse.

The court may also issue a Temporary Injunction allowing one spouse to occupy the home and/or run the family business during the divorce.

If you have questions regarding protecting property during a divorce, you should speak with one of our Houston Divorce Attorneys about your options.

Further Court Orders to Clarify

In some cases, the original court order may not be entirely clear regarding who gets what property, or how they can use it. In those cases, our attorneys can work with you to obtain further court orders to clarify the original order.

These orders will not change the original division of property, but they can help protect you from acting unlawfully without realizing it, as well as protect your property from your ex-spouse.

Other Options

There are other options available to divorcees whose property is being interfered with. These options include:

  1. Wage Garnishment, in cases where spousal support is not being paid
  2. Contempt actions to enforce the court’s order
  3. Transfer of liability, for when an ex won’t pay his or her debts
  4. Eviction or Foreclosure proceedings

Which options are available to you depends on your situation and your goals, which you should discuss with your attorney.

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  1. Dividing Property in a Texas Divorce - The Just and Right Division
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