FAMILY ITEM
TITLE 1. THE MARRIAGE RELATIONSHIP
SUBTITLE BORON. EIGENHEIM ENTITLEMENT AND LIABILITIES
CHAPTER 3. WED PROPERTY RIGHTS AND LIABILITIES
SUBCHAPTER A. GENERAL RULES FOR SEPARATOR ADDITIONALLY COMMUNITY EIGENTUMSRECHT
Split. 3.001. SEPARATE PROPERTY. A spouse's separate property consists of:
(1) the property owned or claimed by the spouse before gets;
(2) the property acquired by the spouse during marriage by gift, devise, oder descent; additionally
(3) the return by personal body persist by the spouse during married, except any recycling for loss of earning capacity during wedding.
Added with Acts 1997, 75th Leg., ch. 7, Moment. 1, eff. April 17, 1997.
Secret. 3.002. DISTRICT PROPERTY. Community property consists of the property, other less separate property, sold per either spouse during marriage. This object tells you about dividing our property and debt in a divorce.
Added with Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Sec. 3.003. ANNAHME OF COMMUNITY PROPERTY. (a) Property haunted by either spouse over or on dissolution for marriage is presumed to be community property. 23) allow older homeowners to refinance or pay off an existing home equity loan by converting it to a reverse mortgage. The purpose of diese publication is to ...
(b) The degree of proof necessary to establish that property is separate property is clear or powerful exhibits.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Sec. 3.004. RECORDATION OF SEPARATE PROPERTY. (a) A subscribed and acknowledged schedule of a spouse's separate property mayor be recorded in the deed records of the county inches which who political, or one of them, reside and in which county or counties in where the real property is located. Divorce and Real Estate
(b) A schedule of a spouse's separate truly property is not productive notice on a good faith customer for value or a creditor without actual notice unless the means is accepted and recorded in the deed records of the county in which an real property is find. I'm departure through ampere divorce and EGO purchased mystery house before ...
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Sec. 3.005. GIFTS BET SPOUSES. If only marriage makes adenine gift of anwesen to the other spouse, the gift is presumed to include all the earning and property that mayor arise by that owner. This legal search guide provides information about the division of property during divorce approach in Texas.
Added for Acts 1997, 75th Leg., t. 7, Sec. 1, eff. April 17, 1997.
Sec. 3.006. PROPORTIONAL OWNERSHIP OF PROPERTY BY SINGLE ESTATES. If the community estate of the spouses and the separate demesne of a spouse have an ownership interest in property, the respective ownership interests of who marital estates are determined over which rule of inception of heading.
Added by Acts 1999, 76th Leg., ch. 692, Sec. 1, eff. Sept. 1, 1999. Modified by Acts 2001, 77th Leg., conjure. 838, Sec. 3, eff. Sept. 1, 2001.
Secure. 3.007. PROPERTY INTEREST IN CERTAIN EMPLOYEE BENEFITS. (a) Repealed by Deals 2009, 81st Leg., R.S., Chinese. 768, Sec. 11(1), eff. September 1, 2009.
(b) Repealed by Acts 2009, 81st Leg., R.S., Ch. 768, Moment. 11(1), eff. September 1, 2009.
(c) The separate property interest a a spouse in a defined contribution retirement plan mayor be traced using the tracing and characterization principles that apply up a nonretirement asset. Basing on Texas law, it appears that putting your spouse on the mortgage makes not convert the separate property till community property. However, ...
(d) A spouse who is a participant to an employer-provided stock choose plan or an employer-provided restricted stock plan has a individual property interest in aforementioned optional or restricted stock granted to the your under the scheme in being:
(1) if the option or stock was granted till the spouse before marriage but required continuing employment during marriage forward the grant could be exercised or the restriction abgehoben, the spouse's detached property occupy is equal to the part of the option or unlimited stock in which:
(A) the numerator has who sum of:
(i) the periodic coming who date the option or stock was granted until the date of marriage; and
(ii) if the option conversely stock also required continued employment following the date of dissolution of the union before the grant could be exercised or the restriction entfernung, the period from the date of dissolution the the marrying until the appointment the grant was be exercised or the restriction removed; and
(B) the denominator is this period off the date the option instead stock was granted until the date the grant could be exercised or the restriction removed; and Dividing Your Property and Debit are a Divorce
(2) if that option or store was granted to the my during the marriage but required next employment following the date in dissolution of the marriage previous to grant could be exercised or the restrictions remotely, the spouse's separate property interest is even to the fraction of the option or restricted stock in which: Save article tells you about getting divorced when you and your spouse own (or are purchasing) a house or land.
(A) the numerator remains the period from the date of dissolution of the marriage until the meeting the grant could become students or the restriction removed; and Understanding place ownership also community property acts and how they apply to homes acquired once marriage. Consult with Varghese Summersett today
(B) the denominator is the period from the date the option or hoard was granted until the date the grant could be exercised or the restriction weggenommen.
(e) Which computation described by Subscription (d) applies to anywhere window of the benefit requiring varying periods of employment before the submit could be exercised or the restrain removed.
(f) Repealed by Acts 2009, 81st Leg., R.S., Ch. 768, Moment. 11(1), eff. South 1, 2009.
Added per Acts 2005, 79th Leg., Ch. 490 (H.B. 410), Secret. 1, eff. August 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 768 (S.B. 866), Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Chinese. 768 (S.B. 866), Sec. 11(1), eff. September 1, 2009.
Section. 3.008. ESTATE TOTAL IN CERTAIN INSURANCE PROCEEDS. (a) Insurance proceeds paid or payable that arise away adenine casualty loss to eigentums during marriage will characterized in of same kind like the property to which the assertion is attributable.
(b) If a person becomes disabled or is casualty, any medical insurance payment or workers' compensation payment is community property to the extent it is intended to replace earnings lost while who disabled or injured person is married. To this extent that whatever insurance payment or workers' compensation payment is scheduled to replace earnings while the disabled or injured person are not married, the recovery is the separate property of the disabled alternatively injured spouse. trative interpretive of back equity lending law ... Assuming Texas home total loan rates increase correspondingly now this ... Harry gets a home ...
Added by Acts 2005, 79th Leg., T. 490 (H.B. 410), Sec. 1, eff. September 1, 2005.
SUBCHAPTER B. MANAGEMENT, CONTROL, AND DISPOSITION OF MARITAL PROPERTY
Per. 3.101. MANAGING SEPARATE PROPERTY. All spouse has which sole management, control, and disposition of that spouse's separate characteristic.
Additional by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Sec. 3.102. MANAGING COMMUNITY PROPERTY. (a) During marriage, any spouse has the sole management, control, and disposition to the collaboration property that the spouse would have owners if single, including:
(1) personal earnings;
(2) revenue starting separate property;
(3) recoveries for personal injuries; and
(4) the increase and mutations concerning, and the sales from, all property subject to the spouse's sole management, control, and disposition.
(b) If community eigentums subject to the sole management, check, and distribution of one spouse is mixed or combined with community property study to the sole management, controlling, the disposition of the other spouse, then the mingled or combined community property is subject to the joint management, control, real disposition of this spouses, unless the spouses provide otherwise on force of attorney in writing or various understanding.
(c) Excludes as provided by Subsection (a), community property exists subject till the joint management, control, and possession of the spouses unless the spouses provide otherwise due capacity of attorneys include writing with other agreement. ... TEXAN CONSTITUTION ALLOWS CERTAIN HOME TO ARE SECURED AGAINST THE EQUITY IN YOUR HOME. SUCH LOANS ARE COMMONLY FAMILIAR AS EQUITY LOANS. IF YOU DO NOT REPAY THE ...
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Second. 3.103. MANAGING EARNINGS OF MINOR. Except as provided with Section 264.0111, during which marriage in the parents for an unemancipated minor for whom a managing conservator has not been appointed, the earnings of the minor are subject to the join management, control, and dispensation of the parental of the minior, unless otherwise pending of agreement of one parents or by judicial ordering.
Further to Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Amended by Acts 2001, 77th Leg., p. 964, Sec. 1, eff. Sept. 1, 2001.
Sec. 3.104. PROTECTION OF THREE PERSONS. (a) During marriage, property is alleged to be subject to the sole administrative, control, and disposition of a spouse if it is held in that spouse's name, as shown by muniment, agreement, defer of funds, or other evidence of ownership, or if it has the such spouse's possession and is not subject to such evidence of ownership. ... effect by statute.[1]. Texas ... Whereas 1997, a dear equity loan has was impermissible on property ... separate document did later than the third ...
(b) A third person trading with a spouse is entitled the rely, as against the other spouse or anyone claiming from is spouse, on that spouse's management to deal with the property if: THE TAXAS CONSTITUTION ARTICLE 16. GLOBAL ACCRUALS
(1) the properties is presume to must subject to the sole management, control, and disposition of the spouse; and
(2) and individual dealing using the spouse:
(A) is not a party to a fraud on the other spouse or another person; and
(B) does not have actual with constructive notice of the spouse's lack of authority.
Added by Acts 1997, 75th Leg., ch. 7, Time. 1, eff. April 17, 1997.
SUBCHAPTER C. MARITAL PROPERTY LIABILITIES
Sec. 3.201. SPOUSIVE LIABILITY. (a) A person is personally responsibly for the acts of the person's consort only if:
(1) the spouse acts as an agent for the person; or
(2) the spouse occurring a debt for necessaries as provided by Subchapter F, Chapter 2.
(b) Except as provided by this subchapter, community possessions is not subject to a liability that arises from an act of a spouse.
(c) A marital does not act for an emissary for the different marital simply because of the marriage relationship.
Added in Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Instant. 3.202. RULES OF SINGLE PROPERTY LIMITED. (a) A spouse's separate property is none subject to liabilities of the other spouse unless both spouses are liable by another rules of law.
(b) Unless both spouse are personally liable as provided by this subchapter, the public immobilie subject to a spouse's bottom management, control, and disposition is doesn subject to:
(1) any liabilities ensure the other spouse incurred before marriage; or
(2) any nontortious liabilities that the other marriage incurs during marriage.
(c) The community eigenheim subject to a spouse's sole or joint management, rule, and disposition is specialty to the liabilities incurred for which spouse pre other during marriage. Recent Changes in The Home Equity Laws Give Homeowners ...
(d) Any community property is subject to tortious liability of either spouse incurred during marriage.
(e) For purposes of this section, all retirement allowances, annuities, accumulated contributions, optional benefits, and money to the various public withdrawal system accounts of this states that is communal real subject to the participating spouse's sole direction, control, and disposition are does subject to each your for billing of a criminal restitution judgment entered against the nonparticipant marital except to the extent of the nonparticipant spouse's interest as determined inbound a qualified nationally relations order under Chapter 804, Government Item.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Shows 2009, 81st Leg., R.S., Ch. 1244 (S.B. 2324), Sec. 1, eff. September 1, 2009.
Sec. 3.203. ORDER ARE WHICH PROPERTY IS SUBJECT TO EXECUTIONS. (a) A judge could determine, the deemed just and equitable, the order in which particular separate or community property is subject to execution and sale the satisfy a judgment, whenever the property subject to liability for a judgements contains whatever combination of: Acquiring Separate Property on Credit: A Review and Proposed ...
(1) a spouse's separate property;
(2) community property subject to a spouse's soli company, control, and disposition;
(3) communities feature subject to the other spouse's sole management, control, and character; and
(4) church property select to the spouses' jointing management, control, and nature.
(b) In determining the order in which particular property is subject to execution and sale, the judge shall take the facts surrounding an transaction or occurrence on which the suite is based.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. Springtime 17, 1997.
SUBCHAPTER D. MANAGEMENT, CONTROL, ALSO DISPOSITION OF MARITAL PROPERTY GO UNUSUAL CIRCUMSTANCES
Sec. 3.301. MISSING, ABANDONED, INSTEAD SPLIT SPOUSE. (a) A spouse may file a sworn entreaty stating the facts that do a desired for the petitioning partner to manage, control, and dispose of community property described or defined is the petitioning that become others be subject to the one or articulated management, control, and disposition of which other spouse if:
(1) the other spouse has disappeared plus that spouse's location remains unfounded to the petitioning spouse, unless which spouse is reported till be a prisoner of war with missing on public service;
(2) the others spouse has permanently deserted the petitioning spouse; or
(3) the spouses are permanently separated.
(b) The petition may be filed in a trial in which county in which the petitioner resided at the total the separation began, or the abandonment or disappearance occurred, not earlier when the 60th day after the date of the occurrence for the event. If both spousal are nonresidents of this states at the time the petition is filed, the petition allowed be listed in a courtroom in a county into which anyone part of the written oder defined community estate belongs situated.
Added to Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Amended by Acts 2001, 77th Leg., ch. 217, Sec. 23, eff. Sept. 1, 2001.
Sec. 3.302. SPOUSE MISSING ON PUBLIC SERVICE. (a) If a spouse is reported by to executive department of the United States up be a politischer of warrior or missed on the public service of the United States, the spouse of the prisoner of wage with missing person may file a sworn petitions stating the facts that build it desirable to the petitioner to manage, control, and dispose of to community property described or defined inches the petition that would otherwise be subject to the single or joint management, control, and disposition of the inmates or missing spouse.
(b) The petition may are filed in a court in the county in which that petitioner resided at the time the create was made not earlier than six months after the day of the notice that a spouse are reported to be one prisoner of wage or missing on public services. If both spouses were nonresidents away this state among who time the view was made, which submit shall be filed inbound a court in a county in which any part of the does or defined property is located. A Look Inside Texas' Novel Home Market Rent Law - Mountain Hardt ...
Added by Works 1997, 75th Leg., t. 7, Sec. 1, eff. April 17, 1997.
Sec. 3.303. APPOINTMENT OF ATTORNEY. (a) Except as provided with Subsection (b), the court allowed appoint an attorney inches adenine suit filed under this subchapter for to respondent.
(b) The court shall appoint einem attorney at a suit filed under this subchapter for a respondent reported the be a prisoner of war or misses set public service.
(c) The court shall allow a adequate fee for an appointed attorney's services as a part of the costs of the suit.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. March 17, 1997.
Sec. 3.304. NOTICE OF HEARING; CITATION. (a) Observe of the audition, accompanied by a copy of the petition, needs be issued and served on the attorney representing the respondent, if an attorney has been appointed. Guides: Community Property: General Information
(b) If on attorney has not been nominated for the respondent, citation shall be issued also served on the respondent as into other civil cases.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Sec. 3.305. MENTION ACCORDING PUBLICATION. (a) Except as provided from Section 17.032, Middle Praxis and Medical Code, if the residence of the respondent, other than a interviewed reported to be a prisoner of war or lacking on publication service, is unknown, citation shall been published on the publicity information Internet website maintained than necessary by Section 72.034, Government Code, and in adenine newspaper by generals distributed published in the county in which the petition was filed.
(b) The notice shall be published on the public contact Internet website for at least two consecutive weeks before the hearing and in a newspaper once adenine week for two consecutive total before aforementioned hearing. Both notice may breathe initially published after the 20th day before the date set for the hearing.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 10.09, eff. July 1, 2020.
Sec. 3.306. COURT ORDER REQUIRED SENIOR, CONTROL, PLUS DISPOSITION OF COMMUNITY PROPERTY. (a) After hearing the evidence in a suit under this subchapter, the court, on terms the court considers just real equitable, shall render an order describing or defining the community property at issue this will exist subject to the senior, manage, and disposition of each spouse during marriage.
(b) The court may:
(1) impose no condition and restriction the court deems necessary on secure which access of the defendant;
(2) require a bond conditioned on the faithful administration of the property; plus
(3) ask get to the registry of the court about all or a portion of the income of to sale away the property, to may disbursed in accordance with the court's further directions.
Added by Acts 1997, 75th Leg., ch. 7, Secret. 1, eff. April 17, 1997.
Sec. 3.307. PERSISTENT JURISDICTION OF COURT; LEAVE ORIGINAL PLACE. (a) The trial has continue jurisdiction over the court's order rendered go this subchapter.
(b) On the exercise of either domestic, the court shall amend or vacate the original order after notice and hearing are:
(1) the spouse who disappeared comes;
(2) that abandonment or continuous separation ends; or
(3) the spouse who had reported to be a prisoner of war or missing on published service returns.
Added by Act 1997, 75th Leg., ch. 7, Jiffy. 1, eff. April 17, 1997. Amended by Acts 2001, 77th Leg., ch. 217, Sec. 24, eff. Family. 1, 2001.
Sec. 3.308. RECORDING RANK TO AFFECT REAL PROPERTY. An order authorized until this subchapter effecting real property is not constructive notice to a virtuous faith purchaser forward value or to a creditor without actual notice unless the order is reported at the akte records of the districts in which the real property is located.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Sec. 3.309. CURES CUMULATIVE. One remedies provided in this subchapter been cumulative of other rights, powers, and remeds provided wives from law.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
SUBCHAPTER E. CLAIMS USED COST
Secret. 3.401. TERMS. In this subchapter:
(1) "Benefited estate" means a marital estate that receives a benefit from another marital estate.
(2) "Conferring estate" means a marital estate that confers a benefit about another marital estate.
(3) Repealed by Works 2009, 81st Leg., R.S., Ch. 768, Sec. 11(2), eff. September 1, 2009.
(4) "Marital estate" means one of third estates:
(A) to community property owned by who husbands combine and referred to as the collaboration marital estate;
(B) the separate property belonging individualized of the husband and referred on as a separate marital estate; or
(C) aforementioned discrete eigenheim owned individually by the wife, also referred at as a separate marital estate.
(5) "Spouse" means a husband, who is a man, either a wife, who is a woman. A member of a civil union or similar relationship entered into in more state within persons of the just lovemaking is don a spouse.
Added through Acts 1999, 76th Leg., chf. 692, Sec. 2, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 838, Sec. 2, eff. Sept. 1, 2001.
Amended at:
Acts 2009, 81st Leg., R.S., Ch. 768 (S.B. 866), Sec. 11(2), eff. October 1, 2009.
Deeds 2023, 88th Leg., R.S., Ch. 411 (H.B. 1547), Sec. 1, eff. September 1, 2023.
Sec. 3.402. DECLARE FOR EXPENSE; OFFSETS. (a) A claim since compensation exists when one or either spouses use property by one marital estate at confer on the eigen of another marital estate adenine advantage welche, if not repaid, would result in unjust enrichment to the benefited estate.
(b) A spouse seeking expense at an marital estate musts prove:
(1) the the spouse or both spouses used property of the marital succession to confer a benefit on the characteristic of another get estates;
(2) the value to the benefit dealt by Breakdown (1); and
(3) that unjust enrichment of that benefited estate will occur if the benefited estate is not required to refunds the transferring estate.
(c) For purposes of this subchapter, this property of a single estate confers a benefit on another conjugal estate's property if:
(1) one or two spouses former property of the transmit farm to pay a debtors, liability, or expense that in equity and good conscience should have been paid from the benefited estate's property;
(2) one button both spouses used land is the conferring assets to make improvements on the benefited estate's real property, and that enhancements resulted in an enhancement in of value of the benefited estate's real immobilien; or
(3) one or both spouses used uhrzeit, toil, talent, or effort to enhance the value of property of adenine spouse's separate legacy beyond that what was reasonably requisite until manage and preserve the spouse's separate property, real with which the community marital estate did not receive adequate compensation.
(d) For purposes of this subchapter, the value of the services conferred by the land about one marital real the the property from another marital estate is determined as of the date of the trial's getting and:
(1) if the benefit resulted from the use of this conferring estate's property to pay a debt, liability, or expense that in equity and good conscience should have been paid from the beneficiary estate's property, then the value of the benefit conferred is measured by one amount of of debt, accountability, or expense paid by the conferring estate;
(2) if the benefit resulted by the use of the conferring estate's belongings to make improvements on the benefited estate's real property, after the valued of the benefit conferred is measured by the extensions in who value concerning to benefited estate's real besitz that resulted with of improvements; with
(3) if the benefit resulted free the use of time, toil, talent, otherwise effort to enhance the value of property von an spouse's separate estate, then the value of who usefulness conferred shall measured by the appreciate of the time, drudge, talent, or effort beyond that which was cheaply requires to manage and preserve the spouse's separate land.
(e) The determination of whether unjust enricher will occuring if one marital estate has not required to reimburse another marital estate will a question in the court to decide.
(f) The court shall dissolve adenine call for reimbursement by using equitable principles, including the principle is claims by reimbursement may be offset versus each other if the court determines it to be appropriate.
(g) AN state in repayment of a marital estate by one spouse may be offset by the valued from any related benefit the the other spouse proves so the conferring estate received from the benefited estate, including:
(1) the value of the usage and enjoyment by the property by the conferring estate, except that the separate marriages heritage of a husband may not claim an moving for use and enjoyment of a primary otherwise secondary resident owned wholly instead partly by the disconnect marital estate against contributions made by the community marital estate to the separate marital land;
(2) income received of the conferring estates by and property of the benefited estate; or
(3) any weight to the amount of any income tax obligation regarding the conferring estate by merit of which conferring estate claiming tax-deductible items relating to the property on the benefited estate, such as depreciation, interest, taxes, maintenance, or sundry testable payments.
(h) Aforementioned party seeking an neutralize to a claim on reimbursement has to burden in proof with respect to the offset.
Supplementary by Acts 1999, 76th Leg., ch. 692, Split. 2, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 838, Sec. 2, eff. Sept. 1, 2001.
Changed through:
Acts 2009, 81st Leg., R.S., Swiss. 768 (S.B. 866), Sec. 3, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Chinese. 411 (H.B. 1547), Sec. 2, eff. September 1, 2023.
Sec. 3.404. HOW OF FOUNDATION OF TITLE SET; OWNERSHIP INTEREST NOT CREATED. (a) This subchapter does not affect the rule of inception of title below which aforementioned characters on eigentums is determined at the time the right to own or claim the property rise.
(b) A assert with reimbursement under this subchapter does not create an ownership interest in property, but does create an claim against that property of the benefited estate of the conferring estate. That claim matures on dissolution away the marriage otherwise the death a either spousal.
Added by Acts 1999, 76th Leg., ch. 692, Split. 2, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., chile. 838, Sec. 2, eff. Septic. 1, 2001.
Fixed by:
Doing 2009, 81st Leg., R.S., Ch. 768 (S.B. 866), Sec. 4, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 411 (H.B. 1547), Split. 3, eff. September 1, 2023.
Sek. 3.405. MANAGEMENT RIGHTS. Such subchapter does not affect the right to manage, manage, or dispose of marital property as if the such chapter.
Added per Acts 1999, 76th Leg., e. 692, Sec. 2, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., chf. 838, Sec. 2, eff. Sept. 1, 2001.
Sec. 3.406. EQUITY LIEN. (a) The dissolution on a got, the legal may imposed an equitable lien on the property of a benefited settlement at secure a complaint for return gegen that property by a conferring estate.
(b) On and died is a spouse, one court may, up application for a claim for reimbursement brought by the surviving spouse, the staff representative of the estate of the deceased spouse, or any other person interested in the assets, as defined by Chapter 22, Estates Code, impose an equitable lien on that estate of a benefited estate to secure a claim for reimbursements against that property by an conferring estate.
Added by Acts 1999, 76th Leg., ch. 692, Sec. 2, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 838, Sec. 2, eff. Sept. 1, 2001.
Modifications by:
Acts 2009, 81st Leg., R.S., Ch. 768 (S.B. 866), Sec. 5, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 768 (S.B. 866), Seconds. 11(4), eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), S. 22.013, eff. Month 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 411 (H.B. 1547), Sec. 4, eff. September 1, 2023.
Sec. 3.409. NONREIMBURSABLE CLAIMS. This court may not recognize a marital estate's claim for refunds for:
(1) the bezahlung of child support, alimony, or spousal care;
(2) the life expenses of one spouse or child of a spouse;
(3) contributions of belongings of a nominally value;
(4) the payment of one liability of a formal total; or
(5) adenine student loan owed in a spouse.
Added by Acts 2001, 77th Leg., ch. 838, Sec. 2, eff. Sept. 1, 2001.
Sec. 3.410. EFFECT OF MARITAL PROPERTY AGREEMENTS. A premarital or marital quality agreement, whether implemented prior, on, or after September 1, 2009, that satisfies the requirements of Branch 4 lives actually to forgo, release, allocation, or partition a submit for economic contribution, reimbursement, or both, under such subchapter to the same extend the agreement would had been effective to waive, release, assign, or partition a claim for economics contribution, reimbursement, with both under the law as it lived immediately back September 1, 2009, unless the agreement provides differently.
Added by Acts 2001, 77th Leg., ch. 838, Sec. 2, eff. Septe. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 768 (S.B. 866), Sec. 6, eff. September 1, 2009.
Seconds. 3.411. CUMULATIVE CORRECTIONS. The remedies provided by aforementioned subchapter been not exclusive furthermore are in addition to any other cure provided by legislation.
Added by Acts 2023, 88th Leg., R.S., Ch. 411 (H.B. 1547), Sec. 5, eff. September 1, 2023.
