Published on September 21, 2023

Failure to Comply with Real Estate Provisions in a Texas Divorce Decree

Once a divorce is finalized, the court’s decree is legally binding—and both parties must follow its terms. But what happens when one spouse refuses to follow through with court-ordered real estate obligations, like signing over the house, selling the property, or refinancing the mortgage? At Guerra Days Law Group, we help clients enforce divorce decrees and hold non-compliant spouses accountable under Texas law.

Common Real Estate Violations After Divorce

Real estate provisions are among the most frequently violated terms in divorce decrees. Common violations include:

  • Refusing to sign a deed transferring property
  • Failing to list the home for sale as ordered
  • Ignoring court deadlines for refinancing the mortgage
  • Remaining in the home after possession was awarded to the other spouse
  • Failing to pay mortgage, taxes, or insurance as agreed

These violations can create major financial and emotional burdens for the compliant spouse—and in some cases, may damage their credit or lead to foreclosure.

Is the Divorce Decree Legally Enforceable?

Yes. A divorce decree in Texas is a final court order. If your ex-spouse violates any real estate-related provision, you have the right to file a motion for enforcement. Courts take these violations seriously and may impose penalties or sanctions on the non-compliant party.

Enforcing Real Estate Provisions

To enforce the decree, you can file a motion for enforcement in the court that issued the divorce. This motion can request that the court:

  • Compel the spouse to sign a deed or listing agreement
  • Order a specific performance (e.g., complete a refinance or sale)
  • Hold the spouse in contempt of court
  • Award attorney’s fees and court costs

If the spouse continues to disobey court orders, the judge may take additional actions, such as appointing a receiver or signing property documents on behalf of the non-compliant party.

When the Court Must Sign for a Spouse

Under Texas law, if a spouse refuses to sign a deed or other necessary real estate document, the court can designate someone to sign in their place—often the judge or a court-appointed receiver. This ensures that the transfer can still move forward without delay.

Dealing with Missed Refinance Deadlines

If the decree orders one spouse to refinance the mortgage and they miss the deadline, the other spouse can request enforcement or a forced sale of the property. Continued failure to refinance may subject the violating party to contempt, and courts may order the house sold to release both spouses from liability.

Nonpayment of Mortgage or Taxes

If the decree assigned financial obligations (like mortgage payments, property taxes, or homeowner’s insurance) to one spouse and they fail to pay, the other spouse may suffer financial harm. You may be able to recover:

  • Reimbursement for payments you made to protect your credit
  • Damages caused by foreclosure threats or penalties
  • Legal fees for enforcing the decree

In some cases, the court may modify possession orders or force a sale to resolve the issue.

When Sale of the Property Is Ignored

If a spouse refuses to list the home for sale or interferes with the sales process (e.g., by sabotaging showings or rejecting fair offers), the court can intervene. The judge may:

  • Appoint a realtor
  • Set a listing price and timeline
  • Authorize a receiver to take over the sale
  • Order sanctions for obstruction

Statute of Limitations for Enforcement

In Texas, the statute of limitations for enforcing property division provisions is 2 years from the date the right to receive the property arises. For many obligations (like signing a deed), that means 2 years from the divorce decree. Prompt legal action is critical to preserve your rights.

How Guerra Days Law Group Can Help

Our attorneys are experienced in post-divorce enforcement, particularly in cases involving real estate. We offer:

  • Quick filing of enforcement actions
  • TROs and injunctions to preserve assets
  • Receiver appointments when a spouse refuses to cooperate
  • Representation at contempt hearings

We also help clients recover attorney’s fees and ensure full compliance with all terms of the decree.

Don’t Let Your Ex Ignore Court Orders

If your ex-spouse is violating the divorce decree related to real estate, Guerra Days Law Group is here to help you enforce your rights. We’ll act swiftly to protect your property, your credit, and your peace of mind.

Call us today to schedule a consultation and learn how to enforce the terms of your divorce decree.