Enforcing Property Division in Lower Greenville, Texas
Defend Your Rights with Our Seasoned Family Law Attorney & Ensure Your Divorce Decree Is Enforced
Once a judge finalizes a divorce decree in Lower Greenville, you must either transfer specific assets to your former spouse or receive them. If your ex-partner fails to adhere to the stipulations of the divorce decree concerning the division of marital property, you may be eligible to file an enforcement motion.
At Bryan Fagan Law Office, our priority is to guarantee that the terms of your finalized divorce decree are upheld in Lower Greenville. Our family attorney in Lower Greenville meticulously evaluates your case and explores all available legal avenues to achieve the optimal outcome. Before seeking a court order, we thoroughly assess whether mediation or binding arbitration could provide a more efficient resolution, particularly if there are expected 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 originally filed in Lower Greenville. However, if both parties now reside in a different state, it may be feasible to file the order in the current state of residence.
You have a two-year timeframe from the date of signing the final decree to file an enforcement motion in Lower Greenville.
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.
Prepared for Dividing Assets During Separation
It’s important to note that a Texas court cannot modify the property division provision in the final divorce decree in Lower Greenville. An enforcement motion for property strictly 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 legal means, the judge can clarify the order to ensure it is enforceable.
