Your divorce may be final, but problems can continue if your former spouse does not follow the property terms in the decree. A missed refinance date might keep your name on a home loan. A delayed sale or unsigned deed could also keep you tied to property the divorce was meant to settle.
Texas law gives you several ways to ask the court to enforce those terms. The court may carry out or clarify the original property division. However, it cannot divide the property again.
1. Ask the court to enforce the decree
If your former spouse misses a deadline in the decree, you may ask the court to enforce that requirement. For example, a missed refinance date could keep your name on a loan, although the decree itself does not change your lender’s rights.
Some violations can also lead to contempt. Civil contempt seeks compliance, while criminal contempt punishes past disobedience. Texas limits contempt for debt-related duties, but when it applies, the court could impose fines, jail time or attorney’s fees and costs.
2. Get property your ex still holds
If your former spouse still has property the decree awarded you, you may ask the court to order its return. A turnover order works differently because it helps collect an existing judgment. That process could reach certain property and related records that Texas law allows the court to use for collection.
3. Complete a deed transfer
Refusing to sign a deed does not always stop a transfer. The court might issue further orders that carry out the original award without changing it. Texas law also provides ways for a judgment to transfer title without another signature in some cases.
4. Recover the value of missing property
Sometimes, getting the property itself no longer fixes the problem. The court may award damages for failure to comply. That amount can become a judgment that you can collect through methods Texas law allows.
5. Use a receiver to complete a sale
A required sale can stall when your former spouse refuses to cooperate. In some cases, the court could appoint a receiver to take control of the property and complete the sale. The receiver then handles the proceeds under the court’s order.
Keep track of enforcement deadlines
Texas sets a two-year filing period for certain property enforcement claims, while other property may follow different rules. You might want to review your decree and keep records of missed dates rather than leave the issue unresolved. If you are dealing with property disputes after divorce, consider contacting Richardson Culp PLLC to discuss your situation with experienced counsel.