Enforcing Property Division In Texas
Enforcing Property Division in Texas
When so much work goes into negotiating, litigating and settling property division issues, enforcing property division in Texas may be necessary if your former spouse violates what is ordered in your divorce decree. Property division issues can involve missed payments, disputed property and problems transferring legal title to property and assets.
Let our divorce lawyers in Plano, Texas protect your rights and enforce your divorce decree. At Scroggins Law Group, we are experienced in enforcement actions and design specific strategies to evaluate the details of your enforcement needs and move forward to get you results.
Is the failure to divide property willful or inadvertent?
The divorce decree should state who is ordered to surrender certain assets and exchange property. The decree should specifically state who gets what, and how it should be conveyed. There can always be situations where one party must obtain a title, pay off a loan, or do some other act before the property can be legally transferred. Unfortunately, some people abuse the situation and drag their feet or continue making mistakes in meeting their property division obligations.
A sophisticated and aggressive divorce lawyer works to negotiate agreements that encourage and incentivize compliance with property division so that the parties do not need to go back to court after their divorce is finalized because one refuses to cooperate with property division.
Willful refusal to comply with the divorce decree does not look good for the party who must face an additional court action to enforce property division, and judges are not amused.
The ex-spouse who refuse to comply with property division
Mark L. Scroggins is board-certified* in family law by the Texas Board of Legal Specialization, which requires significant experience in specific divorce and family law situations, and that experience matters when considering property division issues, including enforcement.
Some people cannot seem to accept the reality of the divorce and will thwart the process to prevent actual finality. Others just want to fight and punish the other. Regardless of the situation and personalities involved, an aggressive divorce lawyer is skilled at communicating the consequences of refusing to comply with the divorce decree.
When does it make sense to file an action for enforcement of property division?
You can talk to your Plano divorce lawyer at Scroggins Law Group to weigh your options and decide if it makes sense and is worth the resources to return to court with an action to enforce property division. The court has several options and can award of money to the party where property that was to be turned over is no longer available or cannot be transferred. The party who failed to comply with the decree can also be held in contempt of court, possibly facing jail time and may be required to pay your attorneys fees to bring the enforcement action.
Especially when enforcing property division in Texas is the caused by the intentional refusal to comply, you need an aggressive attorney like Mark L. Scroggins to help you act promptly and get the situation under control. Call Scroggins Law Group in Plano to make an appointment by calling (469) 626-5220.
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*Mark L. Scroggins is *board-certified in family law by the Texas Board of Legal Specialization. Unless otherwise noted, other attorneys are not *board-certified.
**Super Lawyers (a Thomson Reuters service, awarded to Mark Scroggins 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021)
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