Sec. 9.007. LIMITATION ON POWER OF COURT TO ENFORCE. (a) A court may not amend, modify, alter, or change the division of property made or approved in the decree of divorce or annulment. An order to enforce the division is limited to an order to assist in the implementation of or to clarify the prior order and may not alter or change the substantive division of property.
(b) An order under this section that amends, modifies, alters, or changes the actual, substantive division of property made or approved in a final decree of divorce or annulment is beyond the power of the divorce court and is unenforceable.
(c) The trial court may not render an order to assist in the implementation of or to clarify the property division made or approved in the decree before the 30th day after the date the final judgment is signed. If a timely motion for new trial or to vacate, modify, correct, or reform the decree is filed, the trial court may not render an order to assist in the implementation of or to clarify the property division made or approved in the decree before the 30th day after the date the order overruling the motion is signed or the motion is overruled by operation of law.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 421 (S.B. 1237), Sec. 3, eff. September 1, 2017.
Structure Texas Statutes
Title 1 - The Marriage Relationship
Subtitle C - Dissolution of Marriage
Chapter 9 - Post-Decree Proceedings
Subchapter A. Suit to Enforce Decree
Section 9.001. Enforcement of Decree
Section 9.002. Continuing Authority to Enforce Decree
Section 9.003. Filing Deadlines
Section 9.004. Applicability to Undivided Property
Section 9.006. Enforcement of Division of Property
Section 9.007. Limitation on Power of Court to Enforce
Section 9.008. Clarification Order
Section 9.009. Delivery of Property
Section 9.010. Reduction to Money Judgment