How to Enforce a Divorce Decree in Texas

A decree is a court order, not a suggestion. When a former spouse will not turn over property, refinance, sign a deed, or pay what they owe, Chapter 9 of the Family Code gives the divorce court continuing authority to enforce what it ordered.

Where and How to File

Section 9.001 provides that a party affected by a decree may file suit to enforce it, and the suit is filed in the court that rendered the decree. Section 9.002 confirms that the court retains the power to enforce its property division. A motion for enforcement must identify the specific provision violated and state precisely what relief you want — vagueness is the most common reason enforcement motions fail. One procedural note: under § 9.005 there is no jury in a suit to enforce a decree.

Watch the Deadlines

Section 9.003 imposes short limitations periods. A suit to enforce the division of tangible personal property in the possession of the other spouse must generally be filed before the second anniversary of the date the decree was signed or became final after appeal, whichever is later. A comparable two-year deadline applies to suits to enforce the division of future property rights and to compel delivery. These deadlines run quietly, and people lose real money to them.

Remedies Available

  • Contempt under § 9.012 — available for violating an order to act or refrain from acting, with fines and confinement possible. Contempt requires the underlying order to be clear and specific enough to be enforced.
  • Money judgment under § 9.010 — where property cannot be delivered, the court can render a judgment for its value, which can then be collected by ordinary means such as abstracting, garnishment, or turnover.
  • Delivery of property under § 9.009 — the court can order specific delivery of the property awarded.
  • Attorney’s fees under § 9.014 — frequently awarded to a successful enforcing party.

The Limit on What Enforcement Can Do

Section 9.007 is the most important provision in the chapter. A court may not amend, modify, alter, or change the division of property made in the decree. An order that does so is beyond the court’s power and is unenforceable. Enforcement makes the decree happen; it does not give you a second chance at a bad deal. If the decree is merely unclear rather than wrong, the right tool is a clarifying order.

Common Enforcement Situations

  • Refusing to sign a deed, title, or the documents to transfer an account;
  • Failing to refinance the house by the deadline in the decree;
  • Not paying a debt assigned in the decree, exposing the other spouse’s credit;
  • Withholding personal property, tools, jewelry, or furniture;
  • Failing to pay spousal maintenance;
  • Never completing the QDRO for a retirement plan.

Frequently Asked Questions

How long do I have to enforce a property division in Texas?

Often only two years. Section 9.003 sets short limitations periods for suits to enforce delivery of property and future property rights.

Can the judge change the property division if it was unfair?

No. Section 9.007 prohibits amending, modifying, or altering the division. An order that does so is unenforceable.

Can my ex go to jail for violating the decree?

Contempt is available for violating an order to act or refrain from acting, and it can include fines and confinement, provided the order is clear and specific.

Texas Statutes Referenced

Related Pages

Talk With a Texas Divorce Attorney

Deadlines in Chapter 9 are short. If your decree is being ignored, do not wait. Call 713-955-6182 or contact The De Leon Law Firm.