Enforcing Property Division in Deep Ellum, Texas
Let Our Porter Family Law Attorney Safeguard Your Rights & Enforce Your Divorce Decree
Once a judge finalizes a divorce decree in Deep Ellum, you are required to either transfer certain assets to your ex-spouse or receive them. If your ex-spouse fails to comply with the terms of the divorce decree regarding the division of the marital estate, 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 are upheld in Deep Ellum. Our family lawyer in Deep Ellum will carefully analyze your case and explore all legal options to secure the best possible outcome. Before resorting to a court order, we can consider whether mediation or binding arbitration might be a more appropriate solution if you anticipate challenges with enforcing the property division.
Filing for Enforcement of Property Division in Deep Ellum
To enforce property division, you must file an “enforcement motion” with the court where the divorce was originally filed in Deep Ellum. However, if both you and your ex-spouse have relocated to another 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 Deep Ellum.
Texas Divorce Property Division Enforcement
Enforcement Suits in Texas Family Law: An Overview
A Texas court can enforce property division through various methods:
- If a spouse does not comply with the decree, the court may issue a money judgment to the aggrieved party.
- The non-compliant spouse may be ordered 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 given to the affected party.
- The non-compliant party could face contempt charges, which might result in imprisonment or probation.
- The court may award attorney fees and costs to the aggrieved party.
Preparing for Asset Division in Separation
Keep in mind, a Texas court cannot alter the property division terms in the final divorce decree in Deep Ellum. An enforcement motion for property focuses on enforcing what the decree specifies and clarifying any ambiguous parts. However, if the court’s division of the property is not specific enough to enforce through contempt or other means, the judge can clarify the order to make it more specific and enforceable.
