Enforcing Property Division in Memorial, Texas
Let Our Memorial Family Law Attorney Safeguard Your Rights & Enforce Your Divorce Decree
Once a judge finalizes a divorce decree in Memorial, Texas, you must either yield certain assets to your ex-spouse or receive them. If your former spouse fails to comply with the provisions of the divorce decree pertaining to the division of the marital estate, 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 Memorial, Texas. Our family lawyer in Memorial can meticulously review your case and identify all legal options to help achieve the best result. Before resorting to a court order, we can explore whether mediation or binding arbitration might be a more suitable solution if you foresee challenges with enforcing the property division.
Filing for Enforcement of Property Division in Memorial, TX
To enforce property division, you must file an “enforcement motion” with the court where the divorce was first filed in Memorial, Texas. However, if both you and your ex-spouse now reside in a different state, it may be feasible 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 Memorial, Texas.
Texas Divorce Property Division Enforcement
Enforcement Suits in Texas Family Law: An Overview Enforcement Suits in Texas Family Law, Part Two A Texas court can enforce property division in several ways:
- If a spouse does not comply with the decree, the court may grant a money judgment to the aggrieved party.
- The non-compliant spouse may be directed to transfer the disputed property, or a comparable 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 can lead to 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 Memorial, Texas. An enforcement motion for property limits enforcement to what the decree specifies and clarifies any ambiguous aspects. However, if the court’s division of the property lacks sufficient specificity for enforcement through contempt or other means, the judge can clarify the order to make it more specific and, therefore, enforceable.
If you’re filing for or involved in property division enforcement in Memorial, Texas, contact us to schedule an appointment today!
