Property Division in Lake Highlands, Texas

Enforcing Property Division in Lake Highlands, Texas

Let Our Lake Highlands Family Law Attorney Safeguard Your Rights & Enforce Your Divorce Decree

Once a judge finalizes a divorce decree in Lake Highlands, you must either transfer specific assets to your ex-spouse or receive them. If your former spouse fails to comply with the provisions of the divorce decree regarding the division of marital property, you may be eligible to file an enforcement motion.

The Law Office of Bryan Fagan is committed to ensuring that the terms of your finalized divorce decree are upheld in Lake Highlands. Our family lawyer in Lake Highlands conducts a comprehensive review of your case, exploring all legal avenues to achieve the most favorable outcome. Before seeking a court order, we carefully consider whether mediation or binding arbitration might offer a more effective resolution if challenges arise in enforcing the property division.

Filing for Enforcement of Property Division in Lake Highlands

To enforce property division, you must file an “enforcement motion” with the court where the divorce was originally filed in Lake Highlands. However, if both you and your ex-spouse now reside in a different state, it may be possible 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 Lake Highlands.

Texas Divorce Property Division Enforcement

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.

Ready for Dividing Assets in Separation

Remember, a Texas court cannot alter the property division provision in the final divorce decree in Lake Highlands. An enforcement motion for property ensures enforcement limited to what the decree specifies and clarifies any ambiguities. However, if the court’s division of property lacks adequate specificity for enforcement through contempt or other means, the judge can clarify the order to ensure enforceability.