Texas Family Code - Section 157.326. Interest Of Obligor's Spouse Or Another Person Having Ownership Interest

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§ 157.326. INTEREST OF OBLIGOR'S SPOUSE OR ANOTHER PERSON 
HAVING OWNERSHIP INTEREST.  (a) A spouse of an obligor or another 
person having an ownership interest in property that is subject to a 
child support lien may file suit under Section 157.323 to determine 
the extent, if any, of the spouse's or other person's interest in 
real or personal property that is subject to:
		(1)  a lien perfected under this subchapter;  or                              
		(2)  an action to foreclose under this subchapter.                            
	(b)  After notice to the obligor, the obligor's spouse, any 
other person alleging an ownership interest, the claimant, and the 
obligee, the court shall conduct a hearing and determine the 
extent, if any, of the ownership interest in the property held by 
the obligor's spouse or other person.  If the court finds that:
		(1)  the property is the separate property of the 
obligor's spouse or the other person, the court shall order that the 
lien against the property be released and that any action to 
foreclose on the property be dismissed;
		(2)  the property is jointly owned by the obligor and 
the obligor's spouse, the court shall determine whether the sale of 
the obligor's interest in the property would result in an 
unreasonable hardship on the obligor's spouse or family and:
			(A)  if so, the court shall render an order that 
the obligor's interest in the property not be sold and that the lien 
against the property should be released;  or
			(B)  if not, the court shall render an order 
partitioning the property and directing that the property be sold 
and the proceeds applied to the child support arrearages;  or
		(3)  the property is owned in part by another person, 
other than the obligor's spouse, the court shall render an order 
partitioning the property and directing that the obligor's share of 
the property be applied to the child support arrearages.
	(c)  In a proceeding under this section, the spouse or other 
person claiming an ownership interest in the property has the 
burden to prove the extent of that ownership interest.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Amended by Acts 1997, 75th Leg., ch. 420, § 14, eff. Sept. 1, 
1997;  Acts 1997, 75th Leg., ch. 911, § 33, eff. Sept. 1, 1997;  
Acts 2001, 77th Leg., ch. 1023, § 33, eff. Sept. 1, 2001.

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Last modified: August 10, 2007