Enforcing the Property Division in a Divorce

Who enforces the division of property within the ?

The that rendered the of enforces the property

division.

You return to this to pursue enforcement if your ex- is not following

the orders that the court set out in the property division.

See

Texas Family Code chapter 9.002 (http://https:

//statutes.capitol.texas.gov/Docs/FA/htm/FA.9.htm#9.003)[3].

What if my ex- does not do what the judge orders in the property

division?

You may request enforcement of the by filing a suit to enforce, asking the

judge to enforce the property division in your decree. An of

enforcement does not , , or alter the original property division. An

enforcement will only specify how the property is to be divided. You must file a

for enforcement in the same where your divorce was originally filed.

The other party must receive by and file a written to avoid

a .

See

Texas Family Code chapter 9.001(c) (https://statutes.capitol.texas.gov

/Docs/FA/htm/FA.9.htm#9.001)[4].

How long do I have to request enforcement of a division of property ?

There is a two-year of limitation to file a suit to enforce against a former

. This two-year time period starts the date the original divorce was

signed by the judge or becomes final after an , whichever date is later.

See

Texas Family Code chapter 9.003 (a). (https://statutes.capitol.texas.gov

Texas Legal Services Center (https://texaslawhelp.org/directory/legal-resource/texas-

legal-services-center)[1]

This article by

Texas Legal Services Center (http://www.tlsc.org)[2] answers

some frequently asked questions about how to enforce the division of property after a

divorce

divorce decree

court final decree divorce

court spouse

spouse

decree

divorce order

amend modify

motion court

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/Docs/FA/htm/FA.9.htm#9.003)[5]

What can't an of enforcement do?

An of enforcement cannot alter the divorce in any way. It can only

clarify the decree, or provide instructions on how to implement the divorce

decree. Any type of enforcement that alters the divorce decree is beyond the

powers of the court, and is unenforceable.

See (https://statutes.capitol.texas.gov/Docs/FA/htm/FA.9.htm#9.007)[6]Texas

Family Code chapter 9.007. (https://statutes.capitol.texas.gov/Docs/FA

/htm/FA.9.htm#9.007)[6]

When can I file a to enforce the division of property ?

The court will be unable to grant an of enforcement until 30 days have

passed from the date the divorce decree is signed by the judge. If there has

been a timely for a new trial or to , , correct, or reform the

decree, the court cannot grant an order of enforcement until 30 days after the

motion has been granted or overruled.

See Texas Family Code chapter 9.007(c) (https://statutes.capitol.texas.gov

/Docs/FA/htm/FA.9.htm#9.003)[5]. (https://statutes.capitol.texas.gov

/Docs/FA/htm/FA.9.htm#9.007)[6]

What if it is unclear how the property was divided in the ?

Sometimes, parties may not comply with a divorce decree because they are

unclear about the specific details outlined by the judge. Either party can request

a clarifying order before a filing a for or in conjunction with a

motion for contempt. This will let the court further specify what property belongs

order

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divorce

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to who and how it should be divided.

See Texas Family Code chapter 9.008(a) (https://statutes.capitol.texas.gov

/Docs/FA/htm/FA.9.htm)[7]. (https://statutes.capitol.texas.gov/Docs/FA

/htm/FA.9.htm#9.008)[8]

What if my ex- does not comply with the clarifying ?

You can file a motion for delivery of property. The court can order the delivery of

the property that was awarded in the divorce decree.

See

Texas Family Code chapter 9.009 (https://statutes.capitol.texas.gov

/Docs/FA/htm/FA.9.htm)[7]. (https://statutes.capitol.texas.gov/Docs/FA

/htm/FA.9.htm#9.009)[9]

What if my ex- does not comply with the for delivery of

property?

If your ex- fails to comply with the division of property in the divorce

decree or the order for the delivery of property, the court can award you a

for the damages caused by your ex-spouse’s failure to comply.

See

Texas Family Code chapter 9.010 (a) (https://statutes.capitol.texas.gov

/Docs/FA/htm/FA.9.htm)[7].

What is my last resort if my ex- is not complying with the property

division in the ?

You need a lawyer to help you draft and file a motion for . Your ex-

spouse can be held in contempt of court if they do not comply with a .

Use TexasLawHelp's

Legal Help Finder (https://texaslawhelp.org/legal-

help/legal-help-finder) [10] tool to locate a lawyer.

See

Texas Family Code chapter 9.012 (a) (https://statutes.capitol.texas.gov

/Docs/FA/htm/FA.9.htm)[7].

spouse order

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What does “ ” mean?

A party who does not comply with a can be held in . A court

can order fines or jail time if an ex-spouse does not comply with a divorce

decree.

Who pays the cost for the proceedings to enforce the division of property

in the ?

The court can award you and reasonable attorney’s fees for the

pursuit of enforcing the division of property in the divorce decree.

See

Texas Family Code chapters 9.012 (https://statutes.capitol.texas.gov

/Docs/FA/htm/FA.9.htm#9.012)[11] and 9.014

(https://statutes.capitol.texas.gov/Docs/FA/htm/FA.9.htm#9.014)[12].

Should I talk to a lawyer about enforcing the property division?

These basic instructions are not a substitute for the legal advice and of

a lawyer. A lawyer is trained to protect your legal rights. Even if you decide to

represent yourself, try to talk to a lawyer about your before filing anything.

Use the

TexasLawHelp Legal Help Finder (https://texaslawhelp.org/legal-

help/legal-help-finder) [10] tool for assistance in locating a lawyer.

property-division-divorce

Links

[1] https://texaslawhelp.org/directory/legal-resource/texas-legal-services-center

[2] http://www.tlsc.org

[3] http://https://statutes.capitol.texas.gov/Docs/FA/htm/FA.9.htm#9.003

[4] https://statutes.capitol.texas.gov/Docs/FA/htm/FA.9.htm#9.001

[5] https://statutes.capitol.texas.gov/Docs/FA/htm/FA.9.htm#9.003

[6] https://statutes.capitol.texas.gov/Docs/FA/htm/FA.9.htm#9.007

[7] https://statutes.capitol.texas.gov/Docs/FA/htm/FA.9.htm

[8] https://statutes.capitol.texas.gov/Docs/FA/htm/FA.9.htm#9.008

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[9] https://statutes.capitol.texas.gov/Docs/FA/htm/FA.9.htm#9.009

[10] https://texaslawhelp.org/legal-help/legal-help-finder

[11] https://statutes.capitol.texas.gov/Docs/FA/htm/FA.9.htm#9.012

[12] https://statutes.capitol.texas.gov/Docs/FA/htm/FA.9.htm#9.014

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