§ 3.408. CLAIM FOR REIMBURSEMENT. (a) A claim for economic contribution does not abrogate another claim for reimbursement in a factual circumstance not covered by this subchapter. In the case of a conflict between a claim for economic contribution under this subchapter and a claim for reimbursement, the claim for economic contribution, if proven, prevails. (b) A claim for reimbursement includes: (1) payment by one marital estate of the unsecured liabilities of another marital estate; and (2) inadequate compensation for the time, toil, talent, and effort of a spouse by a business entity under the control and direction of that spouse. (c) The court shall resolve a claim for reimbursement by using equitable principles, including the principle that claims for reimbursement may be offset against each other if the court determines it to be appropriate. (d) Benefits for the use and enjoyment of property may be offset against a claim for reimbursement for expenditures to benefit a marital estate on property that does not involve a claim for economic contribution to the property. Added by Acts 2001, 77th Leg., ch. 838, § 2, eff. Sept. 1, 2001.

Section: Previous 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 4.004 4.005 Next

Last modified: August 10, 2007