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Enforce Property Division

Statutes of Limitations

Family Code

Texas Family Code 9.003 provides 2 years to sue to enforce a division of tangible property. If the property exists at the time the decree is signed, then the deadline to file suit to enforce is the second anniversary of the date the decree was signed. (If the case was appealed, the deadline extends to when the decree is final after appeal.)

If the property doesn't exist at the time the decree is signed, then the deadline to file suit to enforce is 2 years from the date the right to the property matures or accrues.

If you are awarded the 1969 Chevy Camaro SS in the decree signed on February 2, 2019, and your ex-wife keeps the car locked in her garage, you have until February 2, 2021 to file suit. On the other hand, if you wait 2 years to do anything, you probably don't deserve such a fine automobile in the first place.

If you are awarded a portion of your husband's company stock in a decree signed on December 1, 2017, but his shares don't vest until March 1, 2019, you have until March 1, 2021 to file suit.

Breach of Fiduciary Duty

There are a series of cases involving retirement payments (especially military retirement benefits) that hold that in cases where the decree was agreed to by both parties, and one party is made a trustee for retirement benefit payments for the other, it may be possible to extend the deadline to four years under the theory that the spouse who is constructive trustee has breached his or fiduciary duty. In those cases, it is possible to use Texas Civil Practice and Remedies Code 16.004(5) which provides a deadline of four years to file suit to enforce.

Tangible Personal Property

Intangible Personal Property

Military Retirement