Morrison v. Morrison
__ S.W.3d __, No. 24-0053, 2026 WL 247877 (Tex. 2026) (01-30-2026)
Facts: The parties’ divorce decree ordered that their marital residence be sold, and the net proceeds were to be divided equally. Because Husband failed to comply with the decree, Wife moved for enforcement. The trial court rendered an enforcement order that awarded Wife 100% of the net proceeds. The court of appeals vacated the enforcement order and dismissed the case for want of jurisdiction. Wife petitioned the Texas Supreme Court for review.
Holding: Appellate Judgment Reversed; Remanded to Trial Court.
Opinion: Family Code Chapter 9 allows trial courts to enforce a divorce decree, but the trial court lacks subject-matter jurisdiction to modify a property division. The decree’s enforcement provision provided a method for collection of damages, which was permissible under Chapter 9. The enforcement order awarding Wife 100% of proceeds was remanded because it failed to assign a value to Husband’s breach as required by the parties’ decree.
Facts: The parties’ divorce decree ordered that their marital residence be sold, and the net proceeds were to be divided equally. Because Husband failed to comply with the decree, Wife moved for enforcement. The trial court rendered an enforcement order that awarded Wife 100% of the net proceeds. The court of appeals vacated the enforcement order and dismissed the case for want of jurisdiction. Wife petitioned the Texas Supreme Court for review.
Holding: Appellate Judgment Reversed; Remanded to Trial Court.
Opinion: Family Code Chapter 9 allows trial courts to enforce a divorce decree, but the trial court lacks subject-matter jurisdiction to modify a property division. The decree’s enforcement provision provided a method for collection of damages, which was permissible under Chapter 9. The enforcement order awarding Wife 100% of proceeds was remanded because it failed to assign a value to Husband’s breach as required by the parties’ decree.

