Texas Family Code - Section 3.104. Protection Of Third Persons
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§ 3.104. PROTECTION OF THIRD PERSONS. (a) During
marriage, property is presumed to be subject to the sole
management, control, and disposition of a spouse if it is held in
that spouse's name, as shown by muniment, contract, deposit of
funds, or other evidence of ownership, or if it is in that spouse's
possession and is not subject to such evidence of ownership.
(b) A third person dealing with a spouse is entitled to
rely, as against the other spouse or anyone claiming from that
spouse, on that spouse's authority to deal with the property if:
(1) the property is presumed to be subject to the sole
management, control, and disposition of the spouse; and
(2) the person dealing with the spouse:
(A) is not a party to a fraud on the other spouse
or another person; and
(B) does not have actual or constructive notice
of the spouse's lack of authority.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
Section: 3.005 3.006 3.007 3.008 3.101 3.102 3.103 3.104 3.201 3.202 3.203 3.301 3.302 3.303 3.304
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Last modified: August 10, 2007
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