Enforcing a Texas Property Division Order: What to Do When Your Ex Ignores the Decree

A divorce decree that divides property is a court order, and it is meant to be followed. In practice, the house is not deeded over, the retirement account is not divided, the car stays in the other driveway, or a spouse stops paying the debt the decree assigned. Texas gives you tools for each of those problems, but they have different rules, different deadlines and different limits. Speak with a San Antonio property division lawyer early, because two of the deadlines are short and a late filing can end the claim.

This guide explains how a suit to enforce a property division works in Bexar County, which remedy fits which problem, what the court cannot do, and what to gather before you file.

Your Decree Is Enforceable, but Only as Written

The court that signed your decree keeps the power to enforce its property division (Family Code Section 9.002). A person affected by the decree can file a suit to enforce it in that court (Section 9.001). The right also reaches the contract terms of an agreement made as part of the divorce, but only if the court approved that agreement. Anyone whose rights could be affected must be served with citation and file a written answer, and the case then proceeds like other civil cases. A party who files under this part of the Family Code cannot demand a jury (Section 9.005), so a judge decides.

Enforcement means carrying out the division the decree made. A court may not amend, modify, alter or change the property division in a final decree, and an order that changes the substance of the division is outside the court’s authority and cannot be enforced (Section 9.007). The court may, however, sign further orders that help carry out the decree and may spell out more precisely how the division is to be carried out (Section 9.006). That is why the exact wording of your decree matters so much.

One timing rule surprises people. The court cannot sign an order to implement or clarify the division until the 30th day after the final judgment is signed. If a motion for new trial or a motion to modify the judgment is filed on time, the wait runs from the date that motion is overruled (Section 9.007).

The Deadlines That Can End a Claim

Section 9.003 sets two filing deadlines, and each is two years.

• Tangible personal property that existed when the decree was signed. Vehicles, furniture, jewelry, tools and similar items. The suit must be filed before the second anniversary of the date the decree was signed or became final after appeal, whichever is later. If it is not, the claim is barred.
• Future property that did not exist when the decree was signed. A right to a payment or benefit that had not yet matured. The suit must be filed before the second anniversary of the date the right matures or accrues, or the date the decree becomes final, whichever is later.

Those are the deadlines the statute states. Orders about real estate, a cash payment or a debt are not on that list, and they can be governed by other limitations rules, so do not assume that you have unlimited time. If something in your decree has gone unperformed for more than a year, have a lawyer read it now. Property that the decree never divided at all is handled differently (see below).

Ways to Enforce a Property Division

Delivery of specific property. A court can order a party to deliver specific, existing property that the decree awarded to the other spouse, and it can enforce an award of money that already existed when the decree was signed (Section 9.009). This is the direct remedy for a car, a title, a set of keys or an account that was awarded to you.

Contempt. Section 9.012 allows contempt to enforce an order to deliver specific property and an award of a right to future property. It does not allow contempt to enforce a decree’s award of a sum of money as if it were a debt, with two exceptions: money that existed when the decree was rendered, and a right to future payments that has matured. Texas does not imprison people for debt, so a bare order to pay money is usually enforced another way. A contempt order also needs an order clear enough that the person knew what to do, proof that the person did not do it and a person who was able to comply. Punishment in a district court is generally limited to a fine of up to $500 and up to six months in jail for criminal contempt, and civil contempt confinement ends when the person complies, with an outer limit of 18 months (Government Code Section 21.002).

Reduction to a money judgment. If delivery of the property is no longer an adequate remedy, the court can order the other spouse to pay damages for the failure to comply. If you were owed scheduled payments and did not receive them, the court can enter judgment for the total of the missed amounts (Section 9.010). The judgment can be enforced by any means available for a debt judgment, and the remedy is in addition to the others, not in place of them.

Constructive trust. A spouse who receives property the decree awarded to the other spouse owes the owner a fiduciary duty, and the property is held in a constructive trust for the owner (Section 9.011). This matters when your ex took an account or collected a payment that belonged to you.

Turnover and receivership. Once you have a judgment, you can ask for a turnover order that requires the debtor to hand over non-exempt property to a sheriff or constable, or for the appointment of a receiver to take possession of non-exempt property, sell it and pay you from the proceeds (Civil Practice and Remedies Code Section 31.002). Exempt property, including the homestead, cannot be reached this way.

Collecting a Money Judgment

After the court reduces an obligation to a judgment, you collect it as you would any judgment. Recording an abstract of judgment creates a lien on the debtor’s non-exempt real property in the county where it is recorded, including property acquired later (Property Code Section 52.001). The lien generally lasts 10 years from recording, and it ends sooner if the judgment becomes dormant (Section 52.006). A writ of execution lets a constable seize and sell non-exempt property, and a writ of garnishment can reach a bank account, subject to exemptions. The Texas Constitution protects current wages for personal service from garnishment in most cases, with the main exception being court-ordered child support, so a property division judgment is generally not collected from a paycheck.

Common Problems and the Remedy That Fits

A deed or title that was not transferred. A decree that awards real property can itself operate as a transfer of title, and a certified copy can be recorded in the county real property records. A lender or title company may still ask for a deed signed by the other spouse. When that spouse refuses, the court can order the signature and enforce the order by contempt or by other orders. Our guide to dividing the marital home covers who keeps the house and how a refinance or sale is handled.

A retirement plan that was never divided. A plan covered by federal law pays an alternate payee only under a qualifying order. If the order was never drafted or was rejected, the court that signed the decree can issue or correct it. Our page on qualified domestic relations orders explains that process.

A debt your ex was ordered to pay. The decree binds the spouses. It does not bind the lender, which can still collect from anyone whose name is on the account. If your ex stops paying, the lender may report you as late or sue you. The court can order reimbursement, and the amount you paid can be reduced to a money judgment. Contempt is generally unavailable for an ordinary payment of money, so the judgment and collection tools carry the load. Read our overview of debt in a Texas divorce for how debt is assigned in the first place.

Business interests and complex accounts. When the decree awarded a business interest or stock, refusal to sign transfer documents can be enforced by an order to sign, by contempt or by a receiver where a turnover order fits. Valuation disputes are different: if the decree set a value or a method, the court enforces it, and if it did not, there may be nothing to enforce. We discuss the underlying division in complex asset division.

Property that is gone. If your ex sold, spent or hid what the decree awarded to you, delivery may not be possible. That is when the court can reduce the loss to a money judgment, and a constructive trust may follow the property or its proceeds.

When the Decree Is Too Vague to Enforce

Contempt requires an order that is clear. If the decree is ambiguous, the court can issue a clarification order, either on a party’s request or on its own, before a contempt motion is filed or heard, together with it, or after one is denied. The court must first find that the original division is too vague to enforce by contempt, a clarifying order cannot operate retroactively, and the court must allow a reasonable time to comply before it enforces the clarified order (Section 9.008). A clarification order explains how to carry out the division. It does not rewrite it. See our page on clarification or correction of decrees for how that request works.

Property the Decree Never Divided

The enforcement rules above do not apply to property that existed at the time of the divorce but was left out of the decree (Section 9.004). That property is handled through a separate post-divorce suit with its own procedure and its own limits. If you suspect that your decree missed an account, a pension or a piece of real estate, ask a lawyer which process applies before you assume that you have lost it.

Attorney’s Fees and Costs

The court may order one party to pay the other’s reasonable attorney’s fees in an enforcement proceeding, and it may order that the fees be paid directly to the attorney, who can enforce the order in the attorney’s own name (Section 9.014). It may also award court costs as in other civil cases (Section 9.013). The award is discretionary, not automatic, so the fee request should be pleaded and supported with records of the time spent.

Bankruptcy and Moving Out of State

If the other spouse files bankruptcy, the automatic stay generally pauses collection. In a Chapter 7 case, a debt to a former spouse that arose from a divorce decree and is not a domestic support obligation is excepted from discharge (11 U.S.C. Section 523(a)(15)). The Chapter 13 discharge provision does not list that exception (11 U.S.C. Section 1328(a)), so such a debt may be treatable differently there. Bankruptcy deadlines are short, so bring in a bankruptcy lawyer as soon as you receive notice.

A move to another state does not remove the Texas court’s authority over the decree. Collecting a Texas judgment in another state usually means filing it there, so tell your lawyer where your ex’s assets and income are.

Before You File: Demand and Mediation

A written demand that quotes the decree, states what is owed and sets a date can end a dispute that is really about neglect, and it creates a record if the case goes forward. If both sides want a faster, cheaper resolution, a divorce mediation lawyer in San Antonio can help set a compliance schedule that the court then signs as an order. Do not wait too long. Several remedies carry deadlines, and every month of delay gives your ex more time to spend or move assets.

Other Orders From Your Divorce

This page covers the property division. Spousal maintenance has its own enforcement rules, which we describe in enforcement of spousal support orders, and unpaid child support is handled through child support enforcement. If the decree has not been signed yet, a San Antonio divorce lawyer can write the property terms so that they are specific enough to enforce.

What This Means for Your Bexar County Case

1. Pull your signed decree and any agreement it incorporates, and mark each provision that was not carried out.
2. Write down the date the decree was signed and the date each obligation came due, so the deadlines can be checked.
3. Collect proof of the violation: emails, texts, statements, titles and anything that shows the property is still in your ex’s hands.
4. Decide what you actually need: the property itself, a signature, a payment or compensation for what is gone.
5. Have your lawyer decide whether the decree is clear enough to enforce or whether a clarification order should come first.
6. Send a demand if safe, then file in the court that signed the decree before any deadline passes.
7. Ask for attorney’s fees and costs in the petition, and keep records of your time and expenses.

More About Property Division in San Antonio

These guides cover questions that usually come up around enforcement.

• Dividing retirement accounts and pensions: what is divisible and how.
• Reimbursement claims: when one estate pays for another.
• Enforcement of family court orders: the wider set of remedies.
• Characterization of assets and debts: community or separate.
• Texas divorce property division guide: the full process.
• Texas Family Code guide: how the code is organized.

Why San Antonio Clients Choose Barton & Associates to Enforce a Decree

Barton & Associates has tried Texas cases since 2001, and the family law team includes Duane Graeff, our managing attorney with more than 26 years in Texas state and federal courts, and trial attorney Désirée Flye. An enforcement case starts with the decree, so we read it line by line, decide which provisions can be enforced as written and tell you which remedy fits and what it will cost you in time and money.

We cannot promise a result. What we can do is tell you what the court will require, what we recommend and what each choice risks. The first consultation is free and confidential. Our San Antonio office is at 115 Camaron Street, San Antonio, Texas 78205. You can get directions to our office before your visit. For the first meeting, bring what you can of the following, and call even if you cannot find everything.

• The signed final decree and any agreed or mediated settlement it refers to
• Any deeds, titles, account statements and plan documents for the property in dispute
• Emails, texts and letters in which your ex refused or delayed
• Loan, credit card and mortgage statements for any debt the decree assigned
• Your own records of payments you made that your ex was ordered to make
• Any earlier orders, motions or QDROs filed after the divorce
• The names and addresses of your ex’s employer, bank and any known assets
• A timeline of what was due, when and what happened

Frequently Asked Questions

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

It depends on what the order covers. Under Family Code Section 9.003, a suit to enforce the division of tangible personal property that existed at the time of the decree must be filed before the second anniversary of the date the decree was signed or became final after appeal, whichever is later. A suit about future property is due two years after the right matures or the decree becomes final, whichever is later. Other orders can follow different rules, so have a lawyer check yours.

Can my ex go to jail for ignoring the property division?

Possibly, for some orders. Section 9.012 allows contempt to enforce an order to deliver specific property and an award of a right to future property, but not an award of a sum of money treated as a debt. The court must find a clear order, a violation and an ability to comply. Civil contempt confinement ends when the person complies and is limited to 18 months (Government Code Section 21.002). Jail is a pressure tool, not a way to collect money.

What if the property my ex was ordered to give me is gone?

If delivery is no longer an adequate remedy, Section 9.010 lets the court order the other spouse to pay damages for the failure to comply, and that order becomes a money judgment you can collect. If your ex received property that belonged to you under the decree, Section 9.011 also treats the property as held in a constructive trust, so it can be traced and recovered.

What if my ex will not sign a deed or title?

Start by checking the decree. A decree that awards real property can itself operate as a transfer of title, and a certified copy can be recorded in the real property records. If a lender or title company still needs your ex’s signature, the court can order your ex to sign and enforce that order by contempt or other orders. Speak with a lawyer and a title company before you file.

My decree is vague. Can I still enforce it?

Often you can, but you may need a clarification order first. Section 9.008 allows the court to clarify the division when it finds the order too vague to enforce by contempt. The clarifying order cannot operate retroactively, and the court must give a reasonable time to comply before it enforces the clarified terms. A clarification explains how to carry out the division and cannot change what each spouse was awarded.

My ex stopped paying a debt the decree assigned. What can I do?

Protect your credit first, because the lender can still collect from anyone whose name is on the account. You can ask the court to order reimbursement and to reduce what you paid to a money judgment (Section 9.010), then collect it with the usual tools. Contempt is generally not available for an ordinary payment of money. Keep proof of every payment you make, and check whether the decree included an indemnity.

Can my ex’s paycheck be garnished to pay a property division judgment?

Generally no. The Texas Constitution protects current wages for personal service from garnishment, and its main exception is court-ordered child support. A property division judgment is usually collected from other sources: a judgment lien on non-exempt real estate, a writ of execution on non-exempt property, garnishment of a bank account or a turnover order. Exemptions, including the homestead, limit what can be reached.

Can the judge change the property division while enforcing it?

No. Section 9.007 bars a court from amending, modifying, altering or changing the division in a final decree, and an order that changes the substance of the division cannot be enforced. The court may sign orders that help carry out the division or clarify it. If you believe the decree itself is wrong, that is a different question, and the time to appeal or ask for a new trial is short.

Can I recover my attorney’s fees?

Possibly. Section 9.014 lets the court order one party to pay the other’s reasonable attorney’s fees in an enforcement proceeding, and the court may order the fees paid directly to the attorney. Section 9.013 allows an award of court costs. These awards are discretionary, so the request should be in your petition and supported with records of the time spent and the work done.

What if my ex moves out of Texas?

The court that signed the decree keeps its authority to enforce it, and your ex must still be properly served. The harder part is collecting from assets and income in another state, which usually means filing the Texas judgment there. Tell your lawyer where your ex works, banks and owns property before you file, because that decides how the case is built.

What happens if my ex files for bankruptcy?

The automatic stay generally pauses collection. A Chapter 7 case does not discharge a debt to a former spouse that arose from a divorce decree and is not a domestic support obligation (11 U.S.C. Section 523(a)(15)), but the Chapter 13 discharge provision, Section 1328(a), does not list that exception. Deadlines in bankruptcy are short, so contact a lawyer when you get notice rather than waiting.

Do I file a new lawsuit, and which court hears it?

You file a suit to enforce in the court that signed the decree, which in a Bexar County divorce is the district court that heard your case (Sections 9.001 and 9.002). Your ex must be served with citation and file a written answer. The case is tried to a judge, because a party enforcing a decree under this part of the Code cannot demand a jury (Section 9.005).

What if my decree left out an asset?

Enforcement and the filing deadlines above apply to property the decree divided. Property that existed at the time of the divorce but was never divided is handled in a separate post-divorce suit with its own procedure and limits (Section 9.004 and the undivided-property sections of Chapter 9). Act promptly, because delay can change what you can recover. Ask a lawyer which process applies to your situation.

Talk With a San Antonio Lawyer About Enforcing Your Decree

A decree is only as good as the steps you take to enforce it. Speak with a San Antonio property division attorney at Barton & Associates before a deadline passes, an asset disappears or you sign anything that waives a remedy.

Call our San Antonio office at 210-500-0000 or complete the online Free Consultation form to schedule a confidential meeting with a family law attorney in San Antonio. The office is at 115 Camaron Street, San Antonio, Texas 78205.

Main Category: Family Law
Practice Area Category: Property & Debt Division
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000