Texas Estates Code Title 2, Chapter 112 - Community Property With Right Of Survivorship
SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 112.001 - Definition Of Community Property Survivorship Agreement
In this chapter, "community property survivorship agreement" means an agreement between spouses creating a right of survivorship in community property. Added by Acts 2009, 81st...
SUBCHAPTER B COMMUNITY PROPERTY SURVIVORSHIP AGREEMENTS
- Texas Section 112.002 - Applicability Of Other Law To Community Property Held In Multiple-party Accounts
Chapter 113 applies to multiple-party accounts held by spouses with a right of survivorship to the extent that chapter is not inconsistent with this chapter....
- Texas Section 112.051 - Agreement For Right Of Survivorship In Community Property
At any time, spouses may agree between themselves that all or part of their community property, then existing or to be acquired, becomes the property...
- Texas Section 112.052 - Form Of Agreement
(a) A community property survivorship agreement must be in writing and signed by both spouses. (b) A written agreement signed by both spouses is sufficient...
- Texas Section 112.053 - Adjudication Not Required
A community property survivorship agreement that satisfies the requirements of this chapter is effective and enforceable without an adjudication. Added by Acts 2009, 81st Leg.,...
SUBCHAPTER C ADJUDICATION TO PROVE COMMUNITY PROPERTY SURVIVORSHIP AGREEMENT
- Texas Section 112.054 - Revocation Of Agreement
(a) A community property survivorship agreement made in accordance with this chapter may be revoked as provided by the terms of the agreement. (b) If...
- Texas Section 112.101 - Application Authorized
(a) Notwithstanding Section 112.053, after the death of a spouse, the surviving spouse or the surviving spouse's personal representative may apply to the court for...
- Texas Section 112.102 - Proof Required By Court
An applicant for an order under Section 112.101 must prove to the court's satisfaction that: (1) the spouse whose community property interest is at issue...
- Texas Section 112.103 - Method Of Proof Of Signatures
(a) The deceased spouse's signature to an agreement that is the subject of an application under Section 112.101 may be proved by: (1) the sworn...
- Texas Section 112.104 - Court Action; Issuance Of Order
(a) On completion of a hearing on an application under Section 112.101, if the court is satisfied that the requisite proof has been made, the...
- Texas Section 112.105 - Effect Of Order
(a) An order under this subchapter adjudging a community property survivorship agreement valid constitutes sufficient authority to a person who: (1) owes money, has custody...
SUBCHAPTER D OWNERSHIP AND TRANSFER OF COMMUNITY PROPERTY SUBJECT TO AGREEMENT
- Texas Section 112.106 - Custody Of Adjudicated Agreement
(a) An original community property survivorship agreement adjudicated under this subchapter, together with the order adjudging the agreement valid, shall be deposited in the office...
- Texas Section 112.151 - Ownership Of Property During Marriage; Management Rights
(a) Property subject to a community property survivorship agreement remains community property during the marriage of the spouses. (b) Unless the agreement provides otherwise, a...
SUBCHAPTER E THIRD PARTIES DEALING WITH COMMUNITY PROPERTY SUBJECT TO RIGHT OF SURVIVORSHIP
- Texas Section 112.152 - Nontestamentary Nature Of Transfers Under Agreement
(a) Transfers at death resulting from community property survivorship agreements made in accordance with this chapter are effective by reason of the agreements involved and...
- Texas Section 112.201 - Definition Of Certified Copy
In this subchapter, a "certified copy" means a copy of an official record or document that is: (1) authorized by law to be recorded or...
- Texas Section 112.202 - Actual Knowledge Or Notice Of Agreement
(a) In this subchapter, a person or entity has "actual knowledge" of a community property survivorship agreement or the revocation of a community property survivorship...
- Texas Section 112.203 - Personal Representative Without Actual Knowledge Of Agreement
If the personal representative of a deceased spouse's estate has no actual knowledge of the existence of an agreement creating a right of survivorship in...
- Texas Section 112.204 - Third-party Purchaser Without Notice Of Agreement
(a) This section applies only to a person or entity who for value purchases property: (1) from a person claiming from a deceased spouse more...
- Texas Section 112.205 - Debtors And Other Persons Without Notice Of Agreement
(a) This section applies only to a person or entity who: (1) owes money to a deceased spouse; or (2) has custody of property or...
- Texas Section 112.206 - Third-party Purchaser Without Notice Of Revocation Of Agreement
(a) This section applies only to a person or entity who for value purchases property from a surviving spouse more than six months after the...
- Texas Section 112.207 - Debtors And Other Persons Without Notice Of Revocation Of Agreement
(a) This section applies only to a person or entity who: (1) owes money to a deceased spouse; or (2) has custody of property or...
SUBCHAPTER F RIGHTS OF CREDITORS
- Texas Section 112.208 - Rights Of Surviving Spouse Against Creditors
Except as expressly provided by this subchapter, this subchapter does not affect the rights of a surviving spouse or person claiming from the surviving spouse...
- Texas Section 112.251 - Multiple-party Accounts
Chapter 113 governs the rights of creditors with respect to multiple-party accounts, as defined by Section 113.004. Added by Acts 2009, 81st Leg., R.S., Ch....
- Texas Section 112.252 - Liabilities Of Deceased Spouse Not Affected By Right Of Survivorship
(a) Except as expressly provided by Section 112.251, the community property subject to the sole or joint management, control, and disposition of a spouse during...
- Texas Section 112.253 - Rights Of Deceased Spouse's Creditors In Relation To Third Parties
This subchapter does not affect the protection afforded to a person or entity under Subchapter E unless, before payment or transfer to the surviving spouse,...
Last modified: September 28, 2016