Property Division Enforcement in Texas
Let Our Houston Family Law Attorney Protect Your Rights & Enforce Your Divorce Decree
Once a judge orders a final decree of divorce, you were either ordered to surrender specific assets to your ex-spouse or receive them. If your ex-spouse violates the divorce decree’s provisions in relation to the division of the community estate, you may be able to file for an enforcement motion.
At the Law Office of Bryan Fagan, PLLC, we are committed to ensuring the provisions of your final divorce decree are fulfilled. Our Houston family lawyer can thoroughly evaluate your case and determine all of the available legal options to help you obtain the outcome you desire. Prior to getting a court order, we can determine whether mediation or binding arbitration may be a better option if you anticipate issues with enforcing property division.
How to File for Enforcement of Property Division?
A person must file an "enforcement motion" with the court where you originally filed for divorce. However, if you and your ex-spouse both live in another state, it is possible to file an order in the new state.
You have two years after the final decree was signed to file an enforcement motion.
A Texas court may enforce the division of property in one of the following ways:
- If a spouse fails to adhere to the decree, the court may award a judgment for money to the wronged party.
- The violating spouse may be ordered to give the disputed property, or an equivalent sum of money, to the wronged party.
- If a spouse failed to make a payment that was ordered, the court may order to pay the unpaid amount to the wronged party.
- The violating party could be held in contempt, which may result in incarceration or probation.
- The court may award attorney fees and costs to the wronged party.
Ready to Evaluate Your Case Today!
Keep in mind, a Texas court may not change the division of property provision in the final divorce decree. A motion for enforcement of property is only limited to enforcing what is sated in the decree and clarify the parts that are considered vague. However, if the court’s division of that property is not specific enough to enforce by contempt or otherwise, the judge can clarify the order to make it more specific and, in turn, enforceable.
If you wish to file, or are involved in, a property division enforcement, contact us and schedule an appointment today!