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Texas Appeals Court Rules on Separate Property Equity in Real Estate

The property division in a high net worth Texas divorce may require one party to convey their interest in certain assets to the other spouse.  In some cases, the parties may agree to liquidated damages in the event one party fails to cooperate and take the actions necessary to transfer…

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Texas Court Denies Petition to Enforce Provisions of 1993 Divorce Decree in High Net Worth Divorce

The conflict in a Texas divorce does not always end when the divorce is finalized, especially a high net worth divorce or one that involves complex assets.  A Texas appeals court recently considered an appeal of a denial of a petition to enforce certain property division provisions from a divorce…

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Financial Consequences for Engaging in Prohibited Behaviors

Parties in a high profile divorce might want to enter an agreement that goes beyond dividing the property. Celebrities, business owners, or CEOs might seek an agreement that prohibits their former spouse from disclosing private information, disparaging them or their business, or engaging in other behaviors that might damage their…

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Texas Appeals Court Affirms Order Requiring Ex-Husband to Sign Papers to Transfer Stock to Ex-Wife

After rendering a Texas divorce decree, the trial court retains continuing subject-matter jurisdiction to enforce its property division.  Tex. Fam. Code § 9.002.  The court may issue additional orders to enforce the property division. Tex. Fam. Code § 9.006. An order to enforce may help in implementing or clarify the…

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Failure to Pay Debt Ordered in Texas Divorce Is Not Enforceable by Contempt

Courts are required to effect a just and right division of the community estate in a Texas divorce.  This division is not limited to assets, but in many cases, the court must also apportion the parties’ debts.  A former husband recently challenged a provision in his divorce decree making his…

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Enforcement of Unpaid Obligations in Texas Divorce Decree

If a parent does not comply with a Texas custody or child support order, the other parent may seek enforcement of the court order and, in some cases, request the parent be held in contempt.  A father recently challenged an order granting the mother’s motion to enforce the divorce decree.…

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Texas Appeals Court Upholds Order Making Ex-Husband Liable for Salary Payments

A court may render orders to enforce or clarify the property division in a Texas divorce decree, but generally may not render an order that makes substantive changes to the property division once it is final.  A former husband recently challenged a clarification order, arguing it improperly modified the decree.…

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Texas Appeals Court Concluded Father Did Not Have Sufficient Notice for Contempt Order

Parents sometimes have difficulty getting their child’s other parent to comply with a Texas custody or visitation order.  If a parent fails to comply with requirements to exchange the child, the other parent may seek enforcement of the court’s order, sometimes through contempt.  In a recent case, a father challenged…

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Texas Court Made Improper Substantive Change to Property Division with Order Striking Dollar Amounts

A trial court in a Texas divorce retains subject matter jurisdiction to enforce a decree or to clarify ambiguity in the decree.  Texas strongly favors finality of judgment, so the court may not make substantive changes to the property division in a divorce decree once it has become final.  The…

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Redistribution of Assets Was Modification and Not Enforcement of Texas Divorce Decree

A trial court may vacate, modify, correct or reform its judgment or grant a new trial within 30 days after the judgment is signed.  Tex. R. Civ. P. 329b.  Additionally, if a party files a timely motion, the trial court has the power to take those same actions until 30…

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