Texas Divorce Attorney Blog
Even after a divorce decree becomes final, disputes may arise regarding compliance with the decree’s property provisions. In a recent case, the Texas Supreme Court examined whether a trial court properly exercised its jurisdiction under Chapter 9 of the Texas Family Code when enforcing a divorce decree involving community property. Morrison v. Morrison, No. 24-0053 (Tex. Jan. 30, 2026)
The parties’ divorce decree awarded each spouse defined interests in the marital estate, including the marital residence. After the divorce, a dispute arose concerning one spouse’s alleged failure to maintain property awarded under the decree, which ultimately affected the value of the marital home. The aggrieved spouse sought relief in the trial court, alleging a violation of the decree and requesting enforcement.
Enforcement Versus Modification
Chapter 9 of the Texas Family Code governs a trial court’s continuing authority to enforce property divisions after divorce. While a court retains jurisdiction to enforce a decree, it may not amend, modify, alter, or change the division of property made or approved in the decree. Tex. Fam. Code § 9.007(a).
The distinction between enforcement and modification depends mainly on the nature of the relief granted. The determination hinges on whether the relief preserves the decree’s original property division or alters it.
Appeals Court Ruling
The Family Code expressly authorizes courts to render orders to enforce compliance with a decree, including orders awarding damages for losses caused by a spouse’s failure to comply. Tex. Fam. Code § 9.010(a). The trial court in Morrison accounted for damage to the marital home by reallocating sale proceeds, but because the decree did not authorize that reallocation and no damages were proven, the relief altered the property division rather than enforcing it.
On appeal, the court of appeals held that the trial court exceeded its jurisdiction on this basis. The appellate court vacated the enforcement order and dismissed the case for lack of jurisdiction.
Supreme Court’s Analysis
The Texas Supreme Court disagreed with the court of appeals’ jurisdictional conclusion. The Court held that the trial court did possess jurisdiction to enforce the decree and to award damages resulting from a breach, as permitted by the Texas Family Code. Tex. Fam. Code § 9.010(a).
However, the Supreme Court also concluded that the trial court erred in how it exercised that jurisdiction. Specifically, the trial court improperly reallocated sale proceeds without evidence quantifying the actual damages caused by the breach, effectively altering the original property division. Because Chapter 9 of the Texas Family Code prohibits redividing property, the relief granted exceeded what the statute permits. Tex. Fam. Code § 9.007(a).
The Supreme Court reversed the court of appeals’ judgment and remanded the case to the trial court.
Seek Legal Guidance
This case highlights that trial courts don’t always get it right when it comes to divorce decree enforcement. McClure Law Group represents clients in complex Texas divorce enforcement and appellate matters involving property division and other common issues in divorce. Call McClure Law Group at (214) 692-8200 to schedule a consultation.