Going through a divorce can be a stressful and emotional experience, and when a property is involved, it can add an additional layer of complexity. There can be situations where one party refuses to turn over property that was awarded to the other party in the divorce proceedings.
Atty. Tyler Monahan of Turner-Monahan, PLLC, answers this question and discusses the necessary steps that have to be taken. All case evaluations at Turner Monahan PLLC and suggestions that the attorneys make are in the light of Texas Family Law. This content is for educational purposes only.
Filing for Enforcement
If you are unable to obtain your property as awarded in a divorce proceeding, whether it be separate or community property, you have the option to file for enforcement. Typically, a final decree of divorce will have enforcement language that includes ordered language for the awarded property.
However, it’s crucial that you retain an attorney to ensure that the proper paperwork is filed when pursuing enforcement. Filing for enforcement is similar to an indictment in a criminal case. It must be done perfectly, or it could be thrown out, preventing you from obtaining the property you seek. This property could include a house, car, or money awarded to you.
Therefore, it’s essential to have proper representation in the hearing and have an attorney who can assist you with filing the correct pleadings and setting up the proper hearing. Turner Monahan is a firm that can provide the necessary assistance to ensure that you obtain the property that was awarded to you.
How Does The Family Code Address This Issue?
According to the Texas Family Code, the following statutes apply to the question of how to get a court order to retrieve belongings after divorce:
- Section 9.007 – Enforcement of Division of Property – Discusses the court’s authority to enforce the division of property orders in a divorce proceeding.
- Section 9.010 – Remedies for Enforcement – Details the remedies available to a party seeking enforcement of a property division order.
If you are considering divorce or are ready for enforcement in Texas, you should be familiar with the applicable statutes and laws. If you are experiencing difficulty understanding the legal jargon, please consult a qualified attorney such as Atty. Tyler Monahan.
Divorcing couples might face some of the biggest challenges during this time, such as acquiring separate property assets and resolving separate property debts. You can read more about these issues in our article “Does A Spouse Have A Right To Property That The Other Spouse Inherited Before The Divorce?”
Hire An Experienced Texas Family Attorney
By having an experienced lawyer on your side, you can have peace of mind knowing that your interests are being represented and that the outcome of your case will be in your best interests. Your lawyer can provide you with the resources and advice you need to get through this difficult process and protect your rights. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “At What Age Can A Child Refuse To Go To The Other Parent’s House?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- Choosing Between Mediation, Trial, And Arbitration. Which Is The Best Alternative?
- Getting A Divorce If Your Spouse Cannot Be Located
- What Is The Difference Between A Legal Separation And A Divorce?
- Can A Parent Send Someone Else To Pick Up Or Drop Off The Child For Visitation Or Other Activities?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
