Texas Family Code Title 1, Chapter 3 - Marital Property Rights And Liabilities
SUBCHAPTER A GENERAL RULES FOR SEPARATE AND COMMUNITY PROPERTY
- Texas 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 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, Sec....
- Texas 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 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 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 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 Section 3.007 - Property Interest In Certain Employee Benefits
(a) Repealed by Acts 2009, 81st Leg., R.S., Ch. 768, Sec. 11(1), eff. September 1, 2009. (b) Repealed by Acts 2009, 81st Leg., R.S., Ch....
SUBCHAPTER B MANAGEMENT, CONTROL, AND DISPOSITION OF MARITAL PROPERTY
- Texas 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 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, Sec. 1, eff....
- Texas 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 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,...
SUBCHAPTER C MARITAL PROPERTY LIABILITIES
- Texas 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 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 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)...
SUBCHAPTER D MANAGEMENT, CONTROL, AND DISPOSITION OF MARITAL PROPERTY UNDER UNUSUAL CIRCUMSTANCES
- Texas 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 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 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 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 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 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 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 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 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...
SUBCHAPTER E CLAIMS FOR REIMBURSEMENT
- Texas 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 Section 3.401 - Definitions
In this subchapter: (1) Repealed by Acts 2009, 81st Leg., R.S., Ch. 768, Sec. 11(2), eff. September 1, 2009. (2) Repealed by Acts 2009, 81st...
- Texas Section 3.402 - Claim For Reimbursement; Offsets
(a) For purposes of this subchapter, a claim for reimbursement includes: (1) payment by one marital estate of the unsecured liabilities of another marital estate;...
- Texas 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 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 Section 3.406 - Equitable Lien
(a) On dissolution of a marriage, the court may impose an equitable lien on the property of a benefited marital estate to secure a claim...
- Texas 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 Section 3.410 - Effect Of Marital Property Agreements
A premarital or marital property agreement, whether executed before, on, or after September 1, 2009, that satisfies the requirements of Chapter 4 is effective to...
Last modified: September 28, 2016