A Texas divorce decree that is final and unambiguous and addresses all of the marital property may not be re-litigated. The court may, however, enforce the property division or enter a clarifying order if the decree is ambiguous. The trial court may not, however, amend, modify or change the substantive property division once its plenary power has expired. A husband recently challenged an enforcement/clarification order requiring him to sign certain documents and extending the time the wife had to refinance the home.
According to the appeals court’s opinion, the parties got divorced in August 2021. Pursuant to the agreed judgment, the wife was awarded the marital home, contingent on refinancing. She was required to pay the husband $75,000 within 15 days of refinancing the note. If she failed to refinance by February 1, 2022, then the home was to be listed with a real estate broker with experience in the area and sold at a mutually agreed-upon priced. The wife would keep 52% of the net proceeds and the husband would get the other 48%.
The wife was ordered to execute a deed of trust to secure owelty of partition and a lien note. The husband was ordered to execute a warranty deed. These documents were to be signed by 5:00 p.m. on the date the trial court signed the agreed divorce decree.