Post-divorce marital property division

Asked over 4 years ago - Southlake, TX

Have property to be sold. Original decree states property to be sold for a certain amount. Ex-spouse will not sign real estate listing agreement since home values have dropped. Consulted with atty. and he said to file an injunction and that the original decree has to be enforced and cannot be changed by a judge. Is this the case, or can the judge change issues in the original divorce decree that was agreed upon? In Texas.

Attorney answers (2)

  1. Christopher Michael Schmiedeke

    Contributor Level 14

    Answered . The judge cannot change the terms of the property division as they lost jurisdiction of those issues (the right to hear it) when the case was finalized. However, the judge can enforce the order and require your spouse to sign.

    Go back to that lawyer and ask them to file the enforcement.

  2. David Alexander Browde

    Pro

    Contributor Level 20

    Answered . You need to seek enforcement and/or modification of the provisions of the decree. Your attorney will know how to draft the motion papers.

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