When the court issues a final decree of divorce, former spouses need to comply with the judge’s orders on several matters, including property division. If your former spouse does not follow a property division order, how can you address such a dilemma?
According to the Texas Family Code, divorcees can file a suit to enforce the property division order within a two-year period. The start date of the time limit is whichever is later between when the judge signed the decree and when the divorce became final after an appeal.
Order of enforcement
After filing a motion for enforcement, divorcees may expect the court to grant an order of enforcement not earlier than 30 days after their divorce becomes final. The order of enforcement can only mention how to divide marital property. Moreover, it cannot contain changes to the property division order.
Clarifying order
In case the property division order has missing details or vague instructions, divorcees may request a clarifying order. This would allow the court to specify the assignment of properties and detail the division of marital assets and debts.
Order for delivery of property
Meanwhile, divorcees who continue to face problems after getting a clarifying order may file a motion for delivery of property. This would lead the court to order the delivery of marital property included in the divorce decree. In addition, divorcees may receive money judgment from the court due to the damages that their spouses caused for disobeying the orders for property division and delivery of property.
Contempt of court
When all else fails, divorcees may file a motion for contempt against their former spouses for noncompliance with their divorce decree and other court orders. The punishment for contempt of court could be a fine, jail time or both.
Getting your fair share
Dividing marital property can be a complicated process. With legal guidance, you may seek a rightful property division to get what you deserve. Furthermore, getting your fair share may help you move on from your divorce with greater financial security and self-assurance.
