I was awarded certain personal property in my divorce decree that I elected not to take and to keep in the marital home because they were in the children’s best interests to have them.
Several years later, my ex-wife is starting to throw away those items and I would like to enforce the court order.
My decree states nothing regarding time limitations so can I remove the personal property awarded to me from my prior residence?
This answer only includes general divorce help for men since I am only licensed to practice in Texas and am thus unable to provide specific advice on divorce laws.
Filing deadlines are in existence in a suit to enforce the division of tangible property. Where I practice, a suit to enforce the division of tangible property in existence at the time of the decree must be filed before the second anniversary of the date the decree was signed.
The law also states that a suit to enforce the division of future property not in existence at the time the original decree must be filed before the second anniversary of the date or the right to the property matures.
You may have a good argument that your right to the property did not mature until the items were no longer necessary to benefit the children. Look at your time frame and if you are within the 2 years of the agreement, you may have a chance to enforce the decree.
Please understand that my opinions are based upon the limited facts that you provided to me. For a more in depth discussion and financial advice on divorce, I urge you to contact a divorce lawyer.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Houston Divorce Lawyer Robin W. Klein, please contact Cordell & Cordell.