Enforcing Property Division in Lakewood, Texas
Let Our Porter Family Law Attorney Safeguard Your Rights & Enforce Your Divorce Decree
Once a judge finalizes a divorce decree in Lakewood, you must either transfer certain 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 works diligently to ensure that the terms of your finalized divorce decree are respected in Lakewood. Our family lawyer in Lakewood can thoroughly review your case and explore all legal options to achieve the best outcome. Before pursuing a court order, we can assess whether mediation or binding arbitration might offer a more suitable resolution if you anticipate challenges in enforcing the property division.
Filing for Enforcement of Property Division in Lower Greenville
To enforce property division, you must file an “enforcement motion” with the court where the divorce was initially filed in Lakewood. 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 file an enforcement motion in Lakewood.
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 modify the property division provision in the final divorce decree in Lakewood. An enforcement motion for property limits enforcement 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.
