Thomas J. Daley
Thomas J. DaleyKoonsFuller, P.C. - Texas Family Law Powerhouse
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FAQ/Question

Can a court lose jurisdiction if it changes a final divorce decree when it's only supposed to enforce it?

This question has been addressed in 1 Texas court opinion:

Morrison v. Morrison

Supreme Court of Texas — January 30, 2026

In Morrison v. Morrison, a former wife sought to enforce a divorce decree after her ex-husband allegedly damaged their marital home and failed to return various items of personal property. Although the original decree split the home sale proceeds 50/50, the trial court awarded the wife 100% of the proceeds as damages without making specific findings regarding the fair market value (FMV) of the losses. The Supreme Court of Texas analyzed the distinction between the power to 'enforce' a decree under Family Code Chapter 9 and the prohibition against 'modifying' a substantive property division. The Court held that while trial courts can award money judgments for breaches, they impermissibly modify a decree when they reallocate community assets without a direct evidentiary link to the proven fair market value of the damaged or missing property.

Litigation Takeaway

“To successfully recover damages for damaged or missing assets after a divorce, you must provide specific evidence of fair market value; a court cannot simply reallocate property interests as a penalty for bad behavior without a dollar-for-dollar evidentiary accounting.”

Thomas J. Daley

Texas Family Law Litigation

Sophisticated litigation strategies for Texas families. Experience, integrity, and results when it matters most.

Targeted Resources

  • Divorcing a Narcissist
  • Dividing Retirement Assets
  • Fathers' Involvement
  • High-Asset Divorce

Contact Info

  • 1-972-769-2727
  • tdaley@txfamlaw.com
  • 5700 W. Plano Parkway Ste 2200, Plano, TX 75093
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