Enforcing Property Division After Divorce in Texas

The Significance Of Timely Enforcement

Before diving into the mechanisms of enforcement, it's essential to understand the importance of timely action. Enforcement isn't just about ensuring fairness; it's about upholding the sanctity of the legal system. When property division orders are not honored, it can lead to prolonged disputes, financial hardships, and even emotional distress for the involved parties.

Further, delays in enforcement can complicate matters. Assets might depreciate in value, be sold off, or even be hidden more effectively. Thus, swift and decisive action is not only recommended but often crucial. It serves as a deterrent for non-compliance and ensures that the agreed-upon or court-ordered divisions are respected in both letter and spirit. Now, let's explore how the courts step in to ensure this respect is maintained.

If you need timely enforcement of a divorce decree, our family lawyers can assist you with property enforcement.

Let's clarify a common misconception in family law: enforcement of property division and modification aren't the same ballgame. Once property division orders come into play following a divorce, they have a certain finality about them. Unlike the more adaptable orders, like those for child support or custody which can shift with changing times, asset division is more like setting concrete—it's done and typically doesn't budge. That said, it's not entirely set in stone; there are unique and rare circumstances where it might be revisited. But for the most part, once the division's made, it's here to stay.

Let's look at a sample dispute we will call "The Case of the Withheld Vinyl Collection:" 

John and Jane Doe have been married for 10 years. Over the course of their marriage, John amassed a valuable vinyl record collection that he cherishes deeply. Unfortunately, their relationship deteriorated, and the couple decided to divorce. In the divorce proceedings, the court determined that John's vinyl record collection, despite being acquired during the marriage, would remain his sole property as they were gifts from his wife Jane. However, post-divorce, Jane, perhaps out of spite or oversight, refused to relinquish the vinyl collection which was currently in her possession. This causes John to reach out to his divorce attorney. 

Lawyers Get Involved:

• Motion for Enforcement: If mediation fails or isn't pursued, John's attorney can file a motion for enforcement with the court, alleging Jane is in contempt of the court's order.

• Court Hearing: A hearing is scheduled. During the hearing, evidence like the divorce decree and any correspondence between the parties can be presented. Jane would have the opportunity to explain her reasons for withholding the collection.

• Court's Decision:

• If the court finds Jane in contempt for violating the order, she might face penalties, which can range from fines to jail time, depending on the jurisdiction and the severity of the contempt.
• The court could also issue a specific order with a strict deadline for Jane to return the collection to John. Failure to adhere to this new order could result in more severe consequences.
• Additionally, Jane might be ordered to pay John's legal fees, given that she violated the initial divorce decree.

• Writ of Execution: If Jane still refuses to comply, the court could issue a writ of execution. This would authorize local law enforcement to enter Jane's residence and retrieve the vinyl record collection on John's behalf.

• Further Legal Action: If all else fails and the vinyl collection is of significant value or importance, John's attorney might explore other legal avenues or remedies to ensure its return or compensation for its value.

The involvement of lawyers and the courts can escalate the situation, making it more adversarial. It's often in both parties' best interest to resolve such disputes amicably or through mediation to avoid extended legal battles and their associated costs.

Below are other additional strategies to get you the property (or even the cash value) of what you've been awarded in a divorce decree.

Additional Strategies To Help You Get Your Property

What About Mediation To Enforce Property Division?

In the aftermath of a divorce, disputes regarding property division can become legally complex and emotionally taxing. Mediation emerges as a pragmatic and efficacious alternative to potentially protracted court litigations. This process entails the intervention of a neutral third-party mediator, whose primary role is to facilitate constructive dialogue between the conflicting parties, guiding them towards a consensual resolution on contentious assets. One of the inherent advantages of mediation is its capacity to foster open, transparent discourse, which often culminates in expedient and non-confrontational settlements. Intriguingly, many divorce decrees contain provisions emphasizing that, in the face of disagreements over property division enforcement, both parties are obligated to explore mediation as a preliminary resolution strategy before resorting to judicial measures. In instances where such stipulations are absent, the judiciary retains the discretion to mandate mediation, underscoring the legal system's inclination towards fostering harmonious settlements. Ultimately, this modality prioritizes conflict minimization, aiming to streamline resolutions in the best interests of both parties.