Legal Question in Family Law in Texas

Enforcing a Divorce Agreement

I was divorced from my first wife in Texas in 1987. As part of the divorce agreement, the ex-wife could remain in our home (if it were her choice) until all children of the marriage had completed college (specified the year 1997), or until such time as she remarried if before 1997. (As written in the divorce document, she would begin to pay the monthly mortgage payment once we were divorced.) When 1997 rolled around, I did not press for the sale of the home. Instead, in 1998, I spoke to her about settlement of the house and she refused to address it at the time. It is now 2005 and I would very much like to settle the matter of the sale of the home. Once again she is refusing to address the settlement. My Question: How does one go about enforcing this divorce document? Is it a matter of presenting the ''enforcement request'' in family court? In other words, is it a matter of ''enforcement'' only, or would my ex-wife be allowed to contest the document itself, and therefore make changes to the original agreement?


Asked on 6/16/05, 7:16 pm

1 Answer from Attorneys
James Smith James E. Smith Ltd.

Re: Enforcing a Divorce Agreement

You need to file a motion in Texas to enforce the Divorce Decree. Your ex-wife cannot change the agreement at this stage. I would suggest contacting an attorney in Texas in the County where the divorce occurred.

Read more
Answered on 6/17/05, 5:32 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas