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Property Division Enforcement in Montgomery County, Texas

If your ex-spouse fails to comply with the division of the community estate as outlined in the final divorce decree, you may need to file an enforcement motion. This involves submitting a formal request to the court where your divorce was originally filed. You have a two-year window from the signing of the final decree to file an enforcement motion. At the Law Office of Bryan Fagan, PLLC, we understand the importance of ensuring that property division decrees are fully enforced after a divorce. Our Montgomery County family law attorney is dedicated to protecting your rights and assets, and we are prepared to assist you in enforcing the terms of your divorce decree.
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Securing Property Division in Family Law Matters in Comal County, Texas

Allow Our Comal County Family Law Attorney to Protect Your Rights and Uphold Your Divorce Decree.

Ensuring fairness in the division of assets in divorce is vital. After finalizing the decree, assets are allocated per its terms, outlining each party’s entitlements. If your ex-spouse fails to comply with the property distribution outlined in the decree, legal action may be necessary.

At the Law Office of Bryan Fagan, PLLC, located in Comal County, Texas, we prioritize the enforcement of finalized divorce decrees, including the division of assets. Our skilled attorney in Comal County meticulously evaluates your situation, carefully exploring legal avenues to safeguard your rights, especially concerning asset division. Additionally, we can pursue enforcement measures such as court orders and explore alternative dispute resolution methods like mediation or binding arbitration, particularly if we anticipate enforcement challenges.

Comal, Property division


Guarantee Fair Property Allocation with Proficient Family Law Assistance

To enforce property division, submit an “enforcement motion” to the original court. If you and your ex-spouse reside in different states, filing in your current state may be an option.

You have a two-year timeframe from the signing of the final decree to file an enforcement motion.

In Texas, a court has various methods to enforce property division:

  • If a spouse breaches the decree, the court may issue a money judgment for the affected party.
  • The court might instruct the non-compliant spouse to transfer the disputed property or an equivalent monetary amount to the affected party.
  • If a spouse misses payment, court orders affected party to receive an outstanding amount.
  • The non-compliant party may be subject to contempt charges, potentially resulting in imprisonment or probation.
  • The court has the authority to grant attorney fees and cover costs for the affected party.

Prepared to Evaluate Your Property division Case Today!

Keep in mind, a Texas court is unable to modify the property division provision in the final divorce decree.
The enforcement motion focuses on enforcing decree terms and clarifying ambiguities. If property division lacks specificity for enforcement, the judge can clarify it to ensure enforceability.

Considering or involved in property division enforcement? Contact us now to schedule an appointment!

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