onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

Texas Family Code - Chapter 3 Marital Property Rights And Liabilities

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Chapter 3 Marital Property Rights And Liabilities

Sponsored Links

  • Texas Family Code Section 3.001 - Separate Property
    A spouse's separate property consists of: (1) the property owned or claimed by the spouse before marriage; (2) the property acquired by the spouse during ...
  • Texas Family Code Section 3.002 - Community Property
    Community property consists of the property, other than separate property, acquired by either spouse during marriage. Added by Acts 1997, 75th Leg., ch. 7, § ...
  • Texas Family Code Section 3.003 - Presumption Of Community Property
    (a) Property possessed by either spouse during or on dissolution of marriage is presumed to be community property. (b) The degree of proof necessary to ...
  • Texas Family Code Section 3.004 - Recordation Of Separate Property
    (a) A subscribed and acknowledged schedule of a spouse's separate property may be recorded in the deed records of the county in which the parties, ...
  • Texas Family Code Section 3.005 - Gifts Between Spouses
    If one spouse makes a gift of property to the other spouse, the gift is presumed to include all the income and property that may ...
  • Texas Family Code Section 3.006 - Proportional Ownership Of Property By Marital Estates
    If the community estate of the spouses and the separate estate of a spouse have an ownership interest in property, the respective ownership interests of ...
  • Texas Family Code Section 3.007 - Property Interest In Certain Employee Benefits
    (a) A spouse who is a participant in a defined benefit retirement plan has a separate property interest in the monthly accrued benefit the spouse ...
  • Texas Family Code Section 3.008 - Property Interest In Certain Insurance Proceeds
    (a) Insurance proceeds paid or payable that arise from a casualty loss to property during marriage are characterized in the same manner as the property ...
  • Texas Family Code Section 3.101 - Managing Separate Property
    Each spouse has the sole management, control, and disposition of that spouse's separate property. Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. ...
  • Texas Family Code Section 3.102 - Managing Community Property
    (a) During marriage, each spouse has the sole management, control, and disposition of the community property that the spouse would have owned if single, including: ...
  • Texas Family Code Section 3.103 - Managing Earnings Of Minor
    Except as provided by Section 264.0111, during the marriage of the parents of an unemancipated minor for whom a managing conservator has not been appointed, ...
  • Texas Family Code Section 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 ...
  • Texas Family Code Section 3.201 - Spousal Liability
    (a) A person is personally liable for the acts of the person's spouse only if: (1) the spouse acts as an agent for the person; ...
  • Texas Family Code Section 3.202 - Rules Of Marital Property Liability
    (a) A spouse's separate property is not subject to liabilities of the other spouse unless both spouses are liable by other rules of law. (b) ...
  • Texas Family Code Section 3.203 - Order In Which Property Is Subject To Execution
    (a) A judge may determine, as deemed just and equitable, the order in which particular separate or community property is subject to execution and sale ...
  • Texas Family Code Section 3.301 - Missing, Abandoned, Or Separated Spouse
    (a) A spouse may file a sworn petition stating the facts that make it desirable for the petitioning spouse to manage, control, and dispose of ...
  • Texas Family Code Section 3.302 - Spouse Missing On Public Service
    (a) If a spouse is reported by an executive department of the United States to be a prisoner of war or missing on the public ...
  • Texas Family Code Section 3.303 - Appointment Of Attorney
    (a) Except as provided by Subsection (b), the court may appoint an attorney in a suit filed under this subchapter for the respondent. (b) The ...
  • Texas Family Code Section 3.304 - Notice Of Hearing; Citation
    (a) Notice of the hearing, accompanied by a copy of the petition, shall be issued and served on the attorney representing the respondent, if an ...
  • Texas Family Code Section 3.305 - Citation By Publication
    (a) If the residence of the respondent, other than a respondent reported to be a prisoner of war or missing on public service, is unknown, ...
  • Texas Family Code Section 3.306 - Court Order For Management, Control, And Disposition Of Community Property
    (a) After hearing the evidence in a suit under this subchapter, the court, on terms the court considers just and equitable, shall render an order ...
  • Texas Family Code Section 3.307 - Continuing Jurisdiction Of Court; Vacating Original Order
    (a) The court has continuing jurisdiction over the court's order rendered under this subchapter. (b) On the motion of either spouse, the court shall amend ...
  • Texas Family Code Section 3.308 - Recording Order To Affect Real Property
    An order authorized by this subchapter affecting real property is not constructive notice to a good faith purchaser for value or to a creditor without ...
  • Texas Family Code Section 3.309 - Remedies Cumulative
    The remedies provided in this subchapter are cumulative of other rights, powers, and remedies afforded spouses by law. Added by Acts 1997, 75th Leg., ch. ...
  • Texas Family Code Section 3.401 - Definitions
    In this subchapter: (1) "Claim for economic contribution" means a claim made under this subchapter. (2) "Economic contribution" means the contribution to a marital estate ...
  • Texas Family Code Section 3.402 - Economic Contribution
    (a) For purposes of this subchapter, "economic contribution" is the dollar amount of: (1) the reduction of the principal amount of a debt secured by ...
  • Texas Family Code Section 3.403 - Claim Based On Economic Contribution
    (a) A marital estate that makes an economic contribution to property owned by another marital estate has a claim for economic contribution with respect to ...
  • Texas Family Code Section 3.404 - Application Of Inception Of Title Rule; Ownership Interest Not Created
    (a) This subchapter does not affect the rule of inception of title under which the character of property is determined at the time the right ...
  • Texas Family Code Section 3.405 - Management Rights
    This subchapter does not affect the right to manage, control, or dispose of marital property as provided by this chapter. Added by Acts 1999, 76th ...
  • Texas Family Code Section 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 ...
  • Texas Family Code Section 3.407 - Offsetting Claims
    The court shall offset a claim for one marital estate's economic contribution in a specific asset of a second marital estate against the second marital ...
  • Texas Family Code Section 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 ...
  • Texas Family Code Section 3.409 - Nonreimbursable Claims
    The court may not recognize a marital estate's claim for reimbursement for: (1) the payment of child support, alimony, or spousal maintenance; (2) the living ...
  • Texas Family Code Section 3.410 - Effect Of Marital Property Agreements
    A premarital or marital property agreement, whether executed before, on, or after September 1, 1999, that satisfies the requirements of Chapter 4 is effective to ...
  • Last modified: August 11, 2007