Texas Family Code - Section 3.406. Equitable Lien
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Texas Laws > Family Code > Texas Family Code - Section 3.406. Equitable Lien
Section: 3.308 3.309 3.401 3.402 3.403 3.404 3.405 3.406 3.407 3.408 3.409 3.410 4.001 4.002 4.003
§ 3.406. EQUITABLE LIEN. (a) On dissolution of a
marriage, the court shall impose an equitable lien on property of a
marital estate to secure a claim for economic contribution in that
property by another marital estate.
(b) On the death of a spouse, a court shall, on application
for a claim of economic contribution brought by the surviving
spouse, the personal representative of the estate of the deceased
spouse, or any other person interested in the estate, as defined by
Section 3, Texas Probate Code, impose an equitable lien on the
property of a benefited marital estate to secure a claim for
economic contribution by a contributing marital estate.
(c) Subject to homestead restrictions, an equitable lien
under this section may be imposed on the entirety of a spouse's
property in the marital estate and is not limited to the item of
property that benefited from an economic contribution.
Added by Acts 1999, 76th Leg., ch. 692, § 2, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 838, § 2, eff. Sept. 1,
Last modified: August 11, 2007