Enforcing Property Division After a Divorce in Texas

It can be tricky to figure out how long you have to take legal action after a divorce in Texas. This blog will explain the time limits, called "statutes of limitations", for enforcing a property division order.

General Rules

The law that covers this is Chapter 9 of the Texas Family Code. Here are the main rules for how long you have to enforce a property division:

• If the divorce decree was signed on January 1, 2023, you generally have to sue by January 1, 2025, to enforce division of things like furniture, cars, and other physical property.
• The rules for money are a little unclear.
• The law doesn't say how long you have to go after real estate.
• These rules only apply if you're trying to "enforce the division." If you want something else, like a money judgment, the two-year time limit might not apply.

Examples

Imagine a couple gets divorced and the judge orders the husband to give the wife her jewelry back. If the husband doesn't, she has two years to sue him. But if the order is for him to pay her money every month, it's not clear if the two-year limit applies.

Exceptions

Sometimes the time limits can be extended. One example is the "discovery rule." Let's say someone hid a valuable painting during the divorce. The wife wouldn't know she needed to enforce the order for the painting until she found out about it. The two-year clock would start ticking when she discovered the painting was hidden, not when the divorce was final.

Other Tips

• If your divorce is on appeal, you can't enforce the property division until the appeal is over.
• If the other side tries to enforce the order while the divorce is on appeal, you need to tell the judge that the case is still pending.
• If you don't use the statute of limitations as a defense in court, you can't use it later.
• This blog is just an overview. You should talk to a lawyer to get specific legal advice about your situation!