Divorce Decree Statue of Limitations

[ridesafe]

In 2007 my divorce decree was filed in Harris County, Houston, Texas.

The decree awarded me to be paid $25,000 within 90 days of the decree being signed as payment for my portion of the house that is still in both of our names.

Over the years I have requested the $25,000 to be paid in full, payments to be made to me, or the house to be re-financed. Nothing has been done by my ex.

Can I take her back to court to enforce her paying me the $25,000 or has too much time past?

I'm wanting to buy another house and would like my name off of the house I bought with my ex-wife but would like to be paid the $25,000 before having my name removed by means of her re-financing the house.

 

[army judge]

Getting your name off the deed is one thing, and it can be done in a few minutes.
Getting your name off of a mortgage, not so easy, and a court doesn't have the power to order it, either.

You can bring a lawsuit against your former spouse for the $25,000 allegedly owed to you.
However, statute limits such actions to no later than the second anniversary of the decree or two years after an appeal was finalized, whichever is later.

I believe you're statutorily time barred from pursuing the $25,000.

But, it's always worth getting a real legal evaluation and opinion by your own attorney.

You can find more information under the Texas Family Code at Chapter Nine.