Texas House Bill HB388

Texas 2013 - 83rd Regular

Caption

Relating to the enforcement of a property distribution agreement incident to divorce or annulment.

Impact

The proposed changes aim to streamline the legal process for enforcing property distribution agreements and enhance the court's authority to enforce such decrees. This act emphasizes that courts retain jurisdiction even after a divorce decree has been finalized, allowing them to enforce property divisions, which could significantly ease the burden for individuals not receiving their entitled property. Moreover, the amendments are designed to facilitate the prompt and efficient delivery of property awarded in a divorce settlement, creating a more accessible legal recourse for affected parties.

Summary

House Bill 388 addresses the enforcement of property distribution agreements connected to divorce or annulment proceedings in Texas. It amends several sections of the Family Code to clarify the processes by which parties can enforce property divisions outlined in divorce decrees. This bill essentially modifies how courts handle post-divorce property division requests, ensuring that the legal mechanisms are distinctly established to aid former spouses in obtaining their awarded properties as per court decrees.

Sentiment

The general sentiment surrounding HB 388 appears to be supportive among those seeking clarity in property enforcement issues post-divorce; however, potential concerns can arise regarding the implications for appeals and property rights. Advocates believe that clearer enforcement provisions will aid individuals, especially those in contentious divorce situations, by reducing the potential for disputes regarding property divisions and ensuring that court orders are adhered to more consistently.

Contention

Notable points of contention may arise regarding the interpretations of 'existing property' in enforcement actions and the breadth of the court's authority in defining how these property distributions are to be carried out. While the bill seeks to clarify the enforcement process, discussions may highlight concerns about ensuring fairness and equity in property allocations post-divorce, and how these changes will affect individuals with limited resources to pursue legal action.