Enforcing Property Division in Uptown, Texas
Let Our Porter Family Law Attorney Safeguard Your Rights & Enforce Your Divorce Decree
Once a judge finalizes a divorce decree in Uptown, you are required to either transfer certain assets to your ex-spouse or receive them from them. Should your former spouse fail to adhere to the divorce decree’s stipulations regarding the division of the marital estate, you might be eligible to file an enforcement motion.
The Law Office of Bryan Fagan is dedicated to ensuring the terms of your finalized divorce decree are upheld in Uptown. Our family lawyer in Uptown will carefully examine your case and explore all legal options to achieve the best outcome. Before turning to a court order, we can consider whether mediation or binding arbitration might be a more appropriate solution if you anticipate issues with enforcing the property division.
Filing for Enforcement of Property Division in Uptown
To enforce property division, you need to file an “enforcement motion” with the court where the divorce was originally filed in Uptown. However, if both you and your ex-spouse have since moved to another state, it might be possible to file the order in your current state.
You have a two-year period from the signing of the final decree to file an enforcement motion in Uptown.
Texas Divorce Property Division Enforcement
Overview of Enforcement Suits in Texas Family Law
A Texas court can enforce property division through several methods:
- If a spouse fails to comply with the decree, the court may award a money judgment to the wronged party.
- The non-compliant spouse may be ordered to transfer the disputed property, or an equivalent amount of money, to the wronged party.
- If a spouse does not 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 may result in imprisonment or probation.
- The court may award attorney fees and costs to the wronged party.
Preparing for Asset Division in Separation
Keep in mind, a Texas court cannot change the property division terms in the final divorce decree in Uptown. An enforcement motion for property is limited to enforcing what the decree specifies and clarifying any ambiguous parts. However, if the court’s division of the property is not specific enough to enforce through contempt or other means, the judge can clarify the order to make it more specific and enforceable.
