Securing Division of marital property on Family Law Matters in Bell County, Texas
Allow Our Bell County Law Attorney to help you with the Marital Property Division
Ensuring fairness in the division of marital property is crucial for maintaining equity and justice in the aftermath of a divorce or separation. Once a judge finalizes the decree, assets are allocated according to its terms, aiming to fairly distribute property acquired during the marriage. However, if your ex-spouse fails to adhere to the property distribution outlined in the decree, it may become necessary to take legal action. This could involve seeking enforcement through the court system to ensure that the agreed-upon division is upheld, safeguarding your rights and entitlements to the assets as decreed by the court.
At the Law Office of Bryan Fagan, PLLC, located in Bell County, Texas, we prioritize enforcing finalized divorce decrees. Our skilled family attorney in Bell County meticulously evaluates your situation, exploring legal avenues to safeguard your rights. We can pursue enforcement measures like court orders and explore alternative dispute resolution methods, such as mediation or binding arbitration, especially if we anticipate enforcement challenges.
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To enforce property division, submit an “enforcement motion” to the original court. If you and your ex-spouse reside in different states, filing in your current state may be an option.
You have a two-year timeframe from the signing of the final decree to file an enforcement motion.
- Enforcing Property Division in Texas Divorce Cases
- Overview of Enforcement Suits in Texas Family Law
- Delving Deeper: Enforcement Suits in Texas Family Law, Part Two
In Texas, a court has various methods to enforce division of marital property:
- If one spouse violates the decree, the court may issue a money judgment for the affected party.
- The court might instruct the non-compliant spouse to transfer the disputed property or an equivalent monetary amount to the affected party.
- If a spouse neglects to fulfill a required payment, the court can mandate that the affected party receive the outstanding sum.
- The non-compliant party may be subject to contempt charges, potentially resulting in imprisonment or probation.
- The court has the authority to grant attorney fees and cover costs for the affected party.
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Keep in mind, a Texas court is unable to modify the property division provision in the final divorce decree.
The enforcement motion focuses on enforcing decree terms and clarifying ambiguities. If property division lacks specificity for enforcement, the judge can clarify it to ensure enforceability.
Considering or involved in the division of marital property? Contact us now to schedule an appointment!