Texas Divorce Attorney Blog
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 previous order, but it may not make substantive changes to the property division. Tex. Fam. Code § 9.007. The court generally has broad discretion to enforce the property division.
In a recent case, a former husband appealed a court order requiring him to sign documents to effectuate the transfer of stocks that were awarded to the wife in the divorce.
The divorce decree awarded the wife all shares of a particular stock owned by the husband or in his name. It also ordered the husband to appear at a particular law office on or before September 15, 2022 to sign the documents to transfer the shares.
The wife moved to enforce the decree in February 2023, alleging the husband had failed to appear and sign the documents. The wife’s attorney brought the paperwork for the transfer to the enforcement hearing. The husband argued the stock was separate property subject to his mother’s will. The trial court granted the enforcement motion and ordered the husband to sign the paperwork, stating he could address any issue of the paperwork being ineffective based on his mother’s will with the probate court.
The Husband’s Appeal
The husband signed the paperwork in court after the hearing. Then he appealed.
The husband argued the court abused its discretion by ordering him to sign the paperwork. He further argued that some of the stock was separate property that was subject to his mother’s will and the transfer paperwork was ineffective. He also argued the court erred by not having an evidentiary hearing.
There was no dispute that the decree had been entered or that it ordered the husband to sign documents needed to transfer the stock to the wife. The husband had not signed those documents at the time of the hearing. The appeals court noted the trial court had continuing jurisdiction to enforce the property division in the decree.
The appeals court concluded there was no abuse of discretion in the trial court ordering the husband to sign documents that he had already been ordered to sign pursuant to the decree. Furthermore, the court could have held him in contempt for failing to comply.
The appeals court declined to re-litigate the property division, noting the trial court had not attempted to alter the substantive property division in its enforcement decree.
The appeals court affirmed the order.
Seek an Experienced Texas Family Law Attorney
A trial court may order a party to take actions needed to effectuate a property division, including signing documents. Whether you are seeking to enforce property division, child support, or custody, the skilled Dallas divorce attorneys at McClure Law Group have the knowledge and experience to help. Schedule a consultation by calling our offices at 214.692.8200.