Texas Family Code - Section 7.002. Division And Disposition Of Certain Property Under Special Circumstances

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§ 7.002. DIVISION AND DISPOSITION OF CERTAIN PROPERTY 
UNDER SPECIAL CIRCUMSTANCES.  (a) In addition to the division of 
the estate of the parties required by Section 7.001, in a decree of 
divorce or annulment the court shall order a division of the 
following real and personal property, wherever situated, in a 
manner that the court deems just and right, having due regard for 
the rights of each party and any children of the marriage:
		(1)  property that was acquired by either spouse while 
domiciled in another state and that would have been community 
property if the spouse who acquired the property had been domiciled 
in this state at the time of the acquisition;  or
		(2)  property that was acquired by either spouse in 
exchange for real or personal property and that would have been 
community property if the spouse who acquired the property so 
exchanged had been domiciled in this state at the time of its 
acquisition.
	(b)  In a decree of divorce or annulment, the court shall 
award to a spouse the following real and personal property, 
wherever situated, as the separate property of the spouse:
		(1)  property that was acquired by the spouse while 
domiciled in another state and that would have been the spouse's 
separate property if the spouse had been domiciled in this state at 
the time of acquisition;  or
		(2)  property that was acquired by the spouse in 
exchange for real or personal property and that would have been the 
spouse's separate property if the spouse had been domiciled in this 
state at the time of acquisition.
	(c)  In a decree of divorce or annulment, the court shall 
confirm the following as the separate property of a spouse if 
partitioned or exchanged by written agreement of the spouses:
		(1)  income and earnings from the spouses' property, 
wages, salaries, and other forms of compensation received on or 
after January 1 of the year in which the suit for dissolution of 
marriage was filed;  or
		(2)  income and earnings from the spouses' property, 
wages, salaries, and other forms of compensation received in 
another year during which the spouses were married for any part of 
the year.

Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.  
Amended by Acts 1999, 76th Leg., ch. 692, § 4, eff. Sept. 1, 
1999;  Acts 2001, 77th Leg., ch. 838, § 4, eff. Sept. 1, 2001;  
Acts 2003, 78th Leg., ch. 230, § 4, eff. Sept. 1, 2003.

Texas Lawyers

• Doug Goyen Dallas - Fort Worth Injury Lawyer.
• Wigington Rumley Houston Injury Lawyer.
• JT Borah Denton Divorce Lawyer.
• Helbing Firm Dallas Business Attorney.
• Hersh Law Firm Dallas Employment Lawyer.
• Nancy Kennedy Dallas Criminal Defense Lawyer.
• John O. Kain Houston Mediator.
• Forman Law Firm Texas Securities Lawyer.
• Francisco G. Medina Houston Personal Injury Lawyer.
• Anderson & Jones Dallas Business Attorney.
• Derk A. Wadas Dallas Criminal Defense Attorney.
• J. Michael Clay San Antonio Family Lawyer.

Last modified: August 10, 2007