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CHAPTER 3. MARITAL PROPERTY RIGHTS AND LIABILITIES

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FAMILY CODETITLE 1. THE MARRIAGE RELATIONSHIPSUBTITLE B. PROPERTY RIGHTS AND LIABILITIESCHAPTER 3. MARITAL PROPERTY RIGHTS AND LIABILITIESSUBCHAPTER A. GENERAL RULES FOR SEPARATE AND COMMUNITY PROPERTYSec. 3.001.SEPARATE PROPERTY.A spouse's separate propertyconsists of:(1)the property owned or claimed by the spouse before marriage;(2)the property acquired by the spouse during marriage by gift,devise, or descent; and(3)the recovery for personal injuries sustained by the spouseduring marriage, except any recovery for loss of earning capacityduring marriage.Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,1997.Sec. 3.002.COMMUNITY PROPERTY.Community property consists ofthe property, other than separate property, acquired by eitherspouse during marriage.Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,1997.Sec. 3.003.PRESUMPTION OF COMMUNITY PROPERTY.(a)Propertypossessed by either spouse during or on dissolution of marriageis presumed to be community property.(b)The degree of proof necessary to establish that property isseparate property is clear and convincing evidence.Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,1997.Sec. 3.004.RECORDATION OF SEPARATE PROPERTY.(a)A subscribedand acknowledged schedule of a spouse's separate property may berecorded in the deed records of the county in which the parties,or one of them, reside and in the county or counties in which thereal property is located.(b)A schedule of a spouse's separate real property is notconstructive notice to a good faith purchaser for value or acreditor without actual notice unless the instrument isacknowledged and recorded in the deed records of the county inwhich the real property is located.Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,1997.Sec. 3.005.GIFTS BETWEEN SPOUSES.If one spouse makes a giftof property to the other spouse, the gift is presumed to includeall the income and property that may arise from that property.Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,1997.Sec. 3.006.PROPORTIONAL OWNERSHIP OF PROPERTY BY MARITALESTATES.If the community estate of the spouses and the separateestate of a spouse have an ownership interest in property, therespective ownership interests of the marital estates aredetermined by the rule of inception of title.Added by Acts 1999, 76th Leg., ch. 692, Sec. 1, eff. Sept. 1,1999. Amended by Acts 2001, 77th Leg., ch. 838, Sec. 3, eff.Sept. 1, 2001.Sec. 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. 768, Sec. 11(1),eff. September 1, 2009.(c)The separate property interest of a spouse in a definedcontribution retirement plan may be traced using the tracing andcharacterization principles that apply to a nonretirement asset.(d)A spouse who is a participant in an employer-provided stockoption plan or an employer-provided restricted stock plan has aseparate property interest in the options or restricted stockgranted to the spouse under the plan as follows:(1)if the option or stock was granted to the spouse beforemarriage but required continued employment during marriage beforethe grant could be exercised or the restriction removed, thespouse's separate property interest is equal to the fraction ofthe option or restricted stock in which:(A)the numerator is the sum of:(i)the period from the date the option or stock was granteduntil the date of marriage; and(ii)if the option or stock also required continued employmentfollowing the date of dissolution of the marriage before thegrant could be exercised or the restriction removed, the periodfrom the date of dissolution of the marriage until the date thegrant could be exercised or the restriction removed; and(B)the denominator is the period from the date the option orstock was granted until the date the grant could be exercised orthe restriction removed; and(2)if the option or stock was granted to the spouse during themarriage but required continued employment following the date ofdissolution of the marriage before the grant could be exercisedor the restriction removed, the spouse's separate propertyinterest is equal to the fraction of the option or restrictedstock in which:(A)the numerator is the period from the date of dissolution ofthe marriage until the date the grant could be exercised or therestriction removed; and(B)the denominator is the period from the date the option orstock was granted until the date the grant could be exercised orthe restriction removed.(e)The computation described by Subsection (d) applies to eachcomponent of the benefit requiring varying periods of employmentbefore the grant could be exercised or the restriction removed.(f)Repealed by Acts 2009, 81st Leg., R.S., Ch. 768, Sec. 11(1),eff. September 1, 2009.Added by Acts 2005, 79th Leg., Ch.490, Sec. 1, eff. September 1, 2005.Amended by:Acts 2009, 81st Leg., R.S., Ch.768, Sec. 1, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch.768, Sec. 11(1), eff. September 1, 2009.Sec. 3.008.PROPERTY INTEREST IN CERTAIN INSURANCE PROCEEDS.(a)Insurance proceeds paid or payable that arise from acasualty loss to property during marriage are characterized inthe same manner as the property to which the claim isattributable.(b)If a person becomes disabled or is injured, any disabilityinsurance payment or workers' compensation payment is communityproperty to the extent it is intended to replace earnings lostwhile the disabled or injured person is married.To the extentthat any insurance payment or workers' compensation payment isintended to replace earnings while the disabled or injured personis not married, the recovery is the separate property of thedisabled or injured spouse.Added by Acts 2005, 79th Leg., Ch.490, Sec. 1, eff. September 1, 2005.SUBCHAPTER B. MANAGEMENT, CONTROL, AND DISPOSITION OF MARITALPROPERTYSec. 3.101.MANAGING SEPARATE PROPERTY.Each spouse has thesole management, control, and disposition of that spouse'sseparate property.Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,1997.Sec. 3.102.MANAGING COMMUNITY PROPERTY.(a)During marriage,each spouse has the sole management, control, and disposition ofthe community property that the spouse would have owned ifsingle, including:(1)personal earnings;(2)revenue from separate property;(3)recoveries for personal injuries; and(4)the increase and mutations of, and the revenue from, allproperty subject to the spouse's sole management, control, anddisposition.(b)If community property subject to the sole management,control, and disposition of one spouse is mixed or combined withcommunity property subject to the sole management, control, anddisposition of the other spouse, then the mixed or combinedcommunity property is subject to the joint management, control,and disposition of the spouses, unless the spouses provideotherwise by power of attorney in writing or other agreement.(c)Except as provided by Subsection (a), community property issubject to the joint management, control, and disposition of thespouses unless the spouses provide otherwise by power of attorneyin writing or other agreement.Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,1997.Sec. 3.103.MANAGING EARNINGS OF MINOR.Except as provided bySection 264.0111, during the marriage of the parents of anunemancipated minor for whom a managing conservator has not beenappointed, the earnings of the minor are subject to the jointmanagement, control, and disposition of the parents of the minor,unless otherwise provided by agreement of the parents or byjudicial order.Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,1997. Amended by Acts 2001, 77th Leg., ch. 964, Sec. 1, eff.Sept. 1, 2001.Sec. 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 thatspouse's name, as shown by muniment, contract, deposit of funds,or other evidence of ownership, or if it is in that spouse'spossession and is not subject to such evidence of ownership.(b)A third person dealing with a spouse is entitled to rely, asagainst the other spouse or anyone claiming from that spouse, onthat spouse's authority to deal with the property if:(1)the property is presumed to be subject to the solemanagement, control, and disposition of the spouse; and(2)the person dealing with the spouse:(A)is not a party to a fraud on the other spouse or anotherperson; and(B)does not have actual or constructive notice of the spouse'slack of authority.Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,1997.SUBCHAPTER C. MARITAL PROPERTY LIABILITIESSec. 3.201.SPOUSAL LIABILITY.(a)A person is personallyliable for the acts of the person's spouse only if:(1)the spouse acts as an agent for the person; or(2)the spouse incurs a debt for necessaries as provided bySubchapter F, Chapter 2.(b)Except as provided by this subchapter, community property isnot subject to a liability that arises from an act of a spouse.(c)A spouse does not act as an agent for the other spousesolely because of the marriage relationship.Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,1997.Sec. 3.202.RULES OF MARITAL PROPERTY LIABILITY.(a)Aspouse's separate property is not subject to liabilities of theother spouse unless both spouses are liable by other rules oflaw.(b)Unless both spouses are personally liable as provided bythis subchapter, the community property subject to a spouse'ssole management, control, and disposition is not subject to:(1)any liabilities that the other spouse incurred beforemarriage; or(2)any nontortious liabilities that the other spouse incursduring marriage.(c)The community property subject to a spouse's sole or jointmanagement, control, and disposition is subject to theliabilities incurred by the spouse before or during marriage.(d)All community property is subject to tortious liability ofeither spouse incurred during marriage.(e)For purposes of this section, all retirement allowances,annuities, accumulated contributions, optional benefits, andmoney in the various public retirement system accounts of thisstate that are community property subject to the participatingspouse's sole management, control, and disposition are notsubject to any claim for payment of a criminal restitutionjudgment entered against the nonparticipant spouse except to theextent of the nonparticipant spouse's interest as determined in aqualified domestic relations order under Chapter 804, GovernmentCode.Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,1997.Amended by:Acts 2009, 81st Leg., R.S., Ch.1244, Sec. 1, eff. September 1, 2009.Sec. 3.203.ORDER IN WHICH PROPERTY IS SUBJECT TO EXECUTION.(a)A judge may determine, as deemed just and equitable, theorder in which particular separate or community property issubject to execution and sale to satisfy a judgment, if theproperty subject to liability for a judgment includes anycombination of:(1)a spouse's separate property;(2)community property subject to a spouse's sole management,control, and disposition;(3)community property subject to the other spouse's solemanagement, control, and disposition; and(4)community property subject to the spouses' joint management,control, and disposition.(b)In determining the order in which particular property issubject to execution and sale, the judge shall consider the factssurrounding the transaction or occurrence on which the suit isbased.Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,1997.SUBCHAPTER D. MANAGEMENT, CONTROL, AND DISPOSITION OF MARITALPROPERTY UNDER UNUSUAL CIRCUMSTANCESSec. 3.301. MISSING, ABANDONED, OR SEPARATED SPOUSE.(a)Aspouse may file a sworn petition stating the facts that make itdesirable for the petitioning spouse to manage, control, anddispose of community property described or defined in thepetition that would otherwise be subject to the sole or jointmanagement, control, and disposition of the other spouse if:(1)the other spouse has disappeared and that spouse's locationremains unknown to the petitioning spouse, unless the spouse isreported to be a prisoner of war or missing on public service;(2)the other spouse has permanently abandoned the petitioningspouse; or(3)the spouses are permanently separated.(b)The petition may be filed in a court in the county in whichthe petitioner resided at the time the separation began, or theabandonment or disappearance occurred, not earlier than the 60thday after the date of the occurrence of the event. If bothspouses are nonresidents of this state at the time the petitionis filed, the petition may be filed in a court in a county inwhich any part of the described or defined community property islocated.Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,1997. Amended by Acts 2001, 77th Leg., ch. 217, Sec. 23, eff.Sept. 1, 2001.Sec. 3.302.SPOUSE MISSING ON PUBLIC SERVICE.(a)If a spouseis reported by an executive department of the United States to bea prisoner of war or missing on the public service of the UnitedStates, the spouse of the prisoner of war or missing person mayfile a sworn petition stating the facts that make it desirablefor the petitioner to manage, control, and dispose of thecommunity property described or defined in the petition thatwould otherwise be subject to the sole or joint management,control, and disposition of the imprisoned or missing spouse.(b)The petition may be filed in a court in the county in whichthe petitioner resided at the time the report was made notearlier than six months after the date of the notice that aspouse is reported to be a prisoner of war or missing on publicservice. If both spouses were nonresidents of this state at thetime the report was made, the petition shall be filed in a courtin a county in which any part of the described or definedproperty is located.Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,1997.Sec. 3.303.APPOINTMENT OF ATTORNEY.(a)Except as provided bySubsection (b), the court may appoint an attorney in a suit filedunder this subchapter for the respondent.(b)The court shall appoint an attorney in a suit filed underthis subchapter for a respondent reported to be a prisoner of waror missing on public service.(c)The court shall allow a reasonable fee for an appointedattorney's services as a part of the costs of the suit.Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,1997.Sec. 3.304.NOTICE OF HEARING; CITATION.(a)Notice of thehearing, accompanied by a copy of the petition, shall be issuedand served on the attorney representing the respondent, if anattorney has been appointed.(b)If an attorney has not been appointed for the respondent,citation shall be issued and served on the respondent as in othercivil cases.Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,1997.Sec. 3.305.CITATION BY PUBLICATION.(a)If the residence ofthe respondent, other than a respondent reported to be a prisonerof war or missing on public service, is unknown, citation shallbe published in a newspaper of general circulation published inthe county in which the petition was filed. If that county has nonewspaper of general circulation, citation shall be published ina newspaper of general circulation in an adjacent county or inthe nearest county in which a newspaper of general circulation ispublished.(b)The notice shall be published once a week for twoconsecutive weeks before the hearing, but the first notice maynot be published after the 20th day before the date set for thehearing.Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,1997.Sec. 3.306.COURT ORDER FOR MANAGEMENT, CONTROL, AND DISPOSITIONOF COMMUNITY PROPERTY.(a)After hearing the evidence in a suitunder this subchapter, the court, on terms the court considersjust and equitable, shall render an order describing or definingthe community property at issue that will be subject to themanagement, control, and disposition of each spouse duringmarriage.(b)The court may:(1)impose any condition and restriction the court deemsnecessary to protect the rights of the respondent;(2)require a bond conditioned on the faithful administration ofthe property; and(3)require payment to the registry of the court of all or aportion of the proceeds of the sale of the property, to bedisbursed in accordance with the court's further directions.Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,1997.Sec. 3.307.CONTINUING JURISDICTION OF COURT; VACATING ORIGINALORDER.(a)The court has continuing jurisdiction over thecourt's order rendered under this subchapter.(b)On the motion of either spouse, the court shall amend orvacate the original order after notice and hearing if:(1)the spouse who disappeared reappears;(2)the abandonment or permanent separation ends; or(3)the spouse who was reported to be a prisoner of war ormissing on public service returns.Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,1997. Amended by Acts 2001, 77th Leg., ch. 217, Sec. 24, eff.Sept. 1, 2001.Sec. 3.308.RECORDING ORDER TO AFFECT REAL PROPERTY.An orderauthorized by this subchapter affecting real property is notconstructive notice to a good faith purchaser for value or to acreditor without actual notice unless the order is recorded inthe deed records of the county in which the real property islocated.Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,1997.Sec. 3.309.REMEDIES CUMULATIVE.The remedies provided in thissubchapter are cumulative of other rights, powers, and remediesafforded spouses by law.Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,1997.SUBCHAPTER E. CLAIMS FOR REIMBURSEMENTSec. 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 Leg., R.S., Ch. 768, Sec. 11(2),eff. September 1, 2009.(3)Repealed by Acts 2009, 81st Leg., R.S., Ch. 768, Sec. 11(2),eff. September 1, 2009.(4)"Marital estate" means one of three estates:(A)the community property owned by the spouses together andreferred to as the community marital estate;(B)the separate property owned individually by the husband andreferred to as a separate marital estate; or(C)the separate property owned individually by the wife, alsoreferred to as a separate marital estate.(5)"Spouse" means a husband, who is a man, or a wife, who is awoman. A member of a civil union or similar relationship enteredinto in another state between persons of the same sex is not aspouse.Added by Acts 1999, 76th Leg., ch. 692, Sec. 2, eff. Sept. 1,1999. Amended by Acts 2001, 77th Leg., ch. 838, Sec. 2, eff.Sept. 1, 2001.Amended by:Acts 2009, 81st Leg., R.S., Ch.768, Sec. 11(2), eff. September 1, 2009.Sec. 3.402.CLAIM FOR REIMBURSEMENT; OFFSETS.(a)For purposesof this subchapter, a claim for reimbursement includes:(1)payment by one marital estate of the unsecured liabilitiesof another marital estate;(2)inadequate compensation for the time, toil, talent, andeffort of a spouse by a business entity under the control anddirection of that spouse;(3) the reduction of the principal amount of a debt secured bya lien on property owned before marriage, to the extent the debtexisted at the time of marriage;(4)the reduction of the principal amount of a debt secured by alien on property received by a spouse by gift, devise, or descentduring a marriage, to the extent the debt existed at the time theproperty was received;(5)the reduction of the principal amount of that part of adebt, including a home equity loan:(A)incurred during a marriage;(B)secured by a lien on property; and(C)incurred for the acquisition of, or for capital improvementsto, property;(6)the reduction of the principal amount of that part of adebt:(A)incurred during a marriage;(B)secured by a lien on property owned by a spouse;(C)for which the creditor agreed to look for repayment solelyto the separate marital estate of the spouse on whose propertythe lien attached; and(D)incurred for the acquisition of, or for capital improvementsto, property;(7)the refinancing of the principal amount described bySubdivisions (3)-(6), to the extent the refinancing reduces thatprincipal amount in a manner described by the applicablesubdivision;(8)capital improvements to property other than by incurringdebt; and(9)the reduction by the community property estate of anunsecured debt incurred by the separate estate of one of thespouses.(b)The court shall resolve a claim for reimbursement by usingequitable principles, including the principle that claims forreimbursement may be offset against each other if the courtdetermines it to be appropriate.(c)Benefits for the use and enjoyment of property may be offsetagainst a claim for reimbursement for expenditures to benefit amarital estate, except that the separate estate of a spouse maynot claim an offset for use and enjoyment of a primary orsecondary residence owned wholly or partly by the separate estateagainst contributions made by the community estate to theseparate estate.(d)Reimbursement for funds expended by a marital estate forimprovements to another marital estate shall be measured by theenhancement in value to the benefited marital estate.(e)The party seeking an offset to a claim for reimbursement hasthe burden of proof with respect to the offset.Added by Acts 1999, 76th Leg., ch. 692, Sec. 2, eff. Sept. 1,1999. Amended by Acts 2001, 77th Leg., ch. 838, Sec. 2, eff.Sept. 1, 2001.Amended by:Acts 2009, 81st Leg., R.S., Ch.768, Sec. 3, eff. September 1, 2009.Sec. 3.404.APPLICATION OF INCEPTION OF TITLE RULE; OWNERSHIPINTEREST NOT CREATED.(a)This subchapter does not affect therule of inception of title under which the character of propertyis determined at the time the right to own or claim the propertyarises.(b)A claim for reimbursement under this subchapter does notcreate an ownership interest in property, but does create a claimagainst the property of the benefited estate by the contributingestate.The claim matures on dissolution of the marriage or thedeath of either spouse.Added by Acts 1999, 76th Leg., ch. 692, Sec. 2, eff. Sept. 1,1999. Amended by Acts 2001, 77th Leg., ch. 838, Sec. 2, eff.Sept. 1, 2001.Amended by:Acts 2009, 81st Leg., R.S., Ch.768, Sec. 4, eff. September 1, 2009.Sec. 3.405.MANAGEMENT RIGHTS.This subchapter does not affectthe right to manage, control, or dispose of marital property asprovided by this chapter.Added by Acts 1999, 76th Leg., ch. 692, Sec. 2, eff. Sept. 1,1999. Amended by Acts 2001, 77th Leg., ch. 838, Sec. 2, eff.Sept. 1, 2001.Sec. 3.406.EQUITABLE LIEN.(a)On dissolution of a marriage,the court may impose an equitable lien on the property of abenefited marital estate to secure a claim for reimbursementagainst that property by a contributing marital estate.(b)On the death of a spouse, a court may, on application for aclaim for reimbursement brought by the surviving spouse, thepersonal representative of the estate of the deceased spouse, orany other person interested in the estate, as defined by Section3, Texas Probate Code, impose an equitable lien on the propertyof a benefited marital estate to secure a claim for reimbursementagainst that property by a contributing marital estate.(c)Repealed by Acts 2009, 81st Leg., R.S., Ch. 768, Sec. 11(4),eff. September 1, 2009.Added by Acts 1999, 76th Leg., ch. 692, Sec. 2, eff. Sept. 1,1999. Amended by Acts 2001, 77th Leg., ch. 838, Sec. 2, eff.Sept. 1, 2001.Amended by:Acts 2009, 81st Leg., R.S., Ch.768, Sec. 5, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch.768, Sec. 11(4), eff. September 1, 2009.Sec. 3.409.NONREIMBURSABLE CLAIMS.The court may not recognizea marital estate's claim for reimbursement for:(1)the payment of child support, alimony, or spousalmaintenance;(2)the living expenses of a spouse or child of a spouse;(3)contributions of property of a nominal value;(4)the payment of a liability of a nominal amount; or(5)a student loan owed by a spouse.Added by Acts 2001, 77th Leg., ch. 838, Sec. 2, eff. Sept. 1,2001.Sec. 3.410.EFFECT OF MARITAL PROPERTY AGREEMENTS.A premaritalor marital property agreement, whether executed before, on, orafter September 1, 2009, that satisfies the requirements ofChapter 4 is effective to waive, release, assign, or partition aclaim for economic contribution, reimbursement, or both, underthis subchapter to the same extent the agreement would have beeneffective to waive, release, assign, or partition a claim foreconomic contribution, reimbursement, or both under the law as itexisted immediately before September 1, 2009, unless theagreement provides otherwise.Added by Acts 2001, 77th Leg., ch. 838, Sec. 2, eff. Sept. 1,2001.Amended by:Acts 2009, 81st Leg., R.S., Ch.768, Sec. 6, eff. September 1, 2009.
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  • FAMILY CODE

    TITLE 1. THE MARRIAGE RELATIONSHIP

    SUBTITLE B. PROPERTY RIGHTS AND LIABILITIES

    CHAPTER 3. MARITAL PROPERTY RIGHTS AND LIABILITIES

    SUBCHAPTER A. GENERAL RULES FOR SEPARATE AND COMMUNITY PROPERTY

    Sec. 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 marriage by gift,

    devise, or descent; and

    (3) the recovery for personal injuries sustained by the spouse

    during marriage, except any recovery for loss of earning capacity

    during marriage.

    Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

    1997.

    Sec. 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. 1, eff. April 17,

    1997.

    Sec. 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 establish that property is

    separate property is clear and convincing evidence.

    Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

    1997.

    Sec. 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,

    or one of them, reside and in the county or counties in which the

    real property is located.

    (b) A schedule of a spouse's separate real property is not

    constructive notice to a good faith purchaser for value or a

    creditor without actual notice unless the instrument is

    acknowledged and recorded in the deed records of the county in

    which the real property is located.

    Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

    1997.

    Sec. 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 arise from that property.

    Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

    1997.

    Sec. 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 the marital estates are

    determined by the rule of inception of title.

    Added by Acts 1999, 76th Leg., ch. 692, Sec. 1, eff. Sept. 1,

    1999. Amended by Acts 2001, 77th Leg., ch. 838, Sec. 3, eff.

    Sept. 1, 2001.

    Sec. 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. 768, Sec. 11(1),

    eff. September 1, 2009.

    (c) The separate property interest of a spouse in a defined

    contribution retirement plan may be traced using the tracing and

    characterization principles that apply to a nonretirement asset.

    (d) A spouse who is a participant in an employer-provided stock

    option plan or an employer-provided restricted stock plan has a

    separate property interest in the options or restricted stock

    granted to the spouse under the plan as follows:

    (1) if the option or stock was granted to the spouse before

    marriage but required continued employment during marriage before

    the grant could be exercised or the restriction removed, the

    spouse's separate property interest is equal to the fraction of

    the option or restricted stock in which:

    (A) the numerator is the sum of:

    (i) the period from the date the option or stock was granted

    until the date of marriage; and

    (ii) if the option or stock also required continued employment

    following the date of dissolution of the marriage before the

    grant could be exercised or the restriction removed, the period

    from the date of dissolution of the marriage until the date the

    grant could be exercised or the restriction removed; and

    (B) the denominator is the period from the date the option or

    stock was granted until the date the grant could be exercised or

    the restriction removed; and

    (2) if the option or stock was granted to the spouse during the

    marriage but required continued employment following the date of

    dissolution of the marriage before the grant could be exercised

    or the restriction removed, the spouse's separate property

    interest is equal to the fraction of the option or restricted

    stock in which:

    (A) the numerator is the period from the date of dissolution of

    the marriage until the date the grant could be exercised or the

    restriction removed; and

    (B) the denominator is the period from the date the option or

    stock was granted until the date the grant could be exercised or

    the restriction removed.

    (e) The computation described by Subsection (d) applies to each

    component of the benefit requiring varying periods of employment

    before the grant could be exercised or the restriction removed.

    (f) Repealed by Acts 2009, 81st Leg., R.S., Ch. 768, Sec. 11(1),

    eff. September 1, 2009.

    Added by Acts 2005, 79th Leg., Ch.

    490, Sec. 1, eff. September 1, 2005.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    768, Sec. 1, eff. September 1, 2009.

    Acts 2009, 81st Leg., R.S., Ch.

    768, Sec. 11(1), eff. September 1, 2009.

    Sec. 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 to which the claim is

    attributable.

    (b) If a person becomes disabled or is injured, any disability

    insurance payment or workers' compensation payment is community

    property to the extent it is intended to replace earnings lost

    while the disabled or injured person is married. To the extent

    that any insurance payment or workers' compensation payment is

    intended to replace earnings while the disabled or injured person

    is not married, the recovery is the separate property of the

    disabled or injured spouse.

    Added by Acts 2005, 79th Leg., Ch.

    490, Sec. 1, eff. September 1, 2005.

    SUBCHAPTER B. MANAGEMENT, CONTROL, AND DISPOSITION OF MARITAL

    PROPERTY

    Sec. 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. April 17,

    1997.

    Sec. 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:

    (1) personal earnings;

    (2) revenue from separate property;

    (3) recoveries for personal injuries; and

    (4) the increase and mutations of, and the revenue from, all

    property subject to the spouse's sole management, control, and

    disposition.

    (b) If community property subject to the sole management,

    control, and disposition of one spouse is mixed or combined with

    community property subject to the sole management, control, and

    disposition of the other spouse, then the mixed or combined

    community property is subject to the joint management, control,

    and disposition of the spouses, unless the spouses provide

    otherwise by power of attorney in writing or other agreement.

    (c) Except as provided by Subsection (a), community property is

    subject to the joint management, control, and disposition of the

    spouses unless the spouses provide otherwise by power of attorney

    in writing or other agreement.

    Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

    1997.

    Sec. 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, the earnings of the minor are subject to the joint

    management, control, and disposition of the parents of the minor,

    unless otherwise provided by agreement of the parents or by

    judicial order.

    Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

    1997. Amended by Acts 2001, 77th Leg., ch. 964, Sec. 1, eff.

    Sept. 1, 2001.

    Sec. 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

    spouse's name, as shown by muniment, contract, deposit of funds,

    or other evidence of ownership, or if it is in that spouse's

    possession and is not subject to such evidence of ownership.

    (b) A third person dealing with a spouse is entitled to rely, as

    against the other spouse or anyone claiming from that spouse, on

    that spouse's authority to deal with the property if:

    (1) the property is presumed to be subject to the sole

    management, control, and disposition of the spouse; and

    (2) the person dealing with the spouse:

    (A) is not a party to a fraud on the other spouse or another

    person; and

    (B) does not have actual or constructive notice of the spouse's

    lack of authority.

    Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

    1997.

    SUBCHAPTER C. MARITAL PROPERTY LIABILITIES

    Sec. 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; or

    (2) the spouse incurs a debt for necessaries as provided by

    Subchapter F, Chapter 2.

    (b) Except as provided by this subchapter, community property is

    not subject to a liability that arises from an act of a spouse.

    (c) A spouse does not act as an agent for the other spouse

    solely because of the marriage relationship.

    Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

    1997.

    Sec. 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) Unless both spouses are personally liable as provided by

    this subchapter, the community property subject to a spouse's

    sole management, control, and disposition is not subject to:

    (1) any liabilities that the other spouse incurred before

    marriage; or

    (2) any nontortious liabilities that the other spouse incurs

    during marriage.

    (c) The community property subject to a spouse's sole or joint

    management, control, and disposition is subject to the

    liabilities incurred by the spouse before or during marriage.

    (d) All community property is subject to tortious liability of

    either spouse incurred during marriage.

    (e) For purposes of this section, all retirement allowances,

    annuities, accumulated contributions, optional benefits, and

    money in the various public retirement system accounts of this

    state that are community property subject to the participating

    spouse's sole management, control, and disposition are not

    subject to any claim for payment of a criminal restitution

    judgment entered against the nonparticipant spouse except to the

    extent of the nonparticipant spouse's interest as determined in a

    qualified domestic relations order under Chapter 804, Government

    Code.

    Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

    1997.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    1244, Sec. 1, eff. September 1, 2009.

    Sec. 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 to satisfy a judgment, if the

    property subject to liability for a judgment includes any

    combination of:

    (1) a spouse's separate property;

    (2) community property subject to a spouse's sole management,

    control, and disposition;

    (3) community property subject to the other spouse's sole

    management, control, and disposition; and

    (4) community property subject to the spouses' joint management,

    control, and disposition.

    (b) In determining the order in which particular property is

    subject to execution and sale, the judge shall consider the facts

    surrounding the transaction or occurrence on which the suit is

    based.

    Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

    1997.

    SUBCHAPTER D. MANAGEMENT, CONTROL, AND DISPOSITION OF MARITAL

    PROPERTY UNDER UNUSUAL CIRCUMSTANCES

    Sec. 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 community property described or defined in the

    petition that would otherwise be subject to the sole or joint

    management, control, and disposition of the other spouse if:

    (1) the other spouse has disappeared and that spouse's location

    remains unknown to the petitioning spouse, unless the spouse is

    reported to be a prisoner of war or missing on public service;

    (2) the other spouse has permanently abandoned the petitioning

    spouse; or

    (3) the spouses are permanently separated.

    (b) The petition may be filed in a court in the county in which

    the petitioner resided at the time the separation began, or the

    abandonment or disappearance occurred, not earlier than the 60th

    day after the date of the occurrence of the event. If both

    spouses are nonresidents of this state at the time the petition

    is filed, the petition may be filed in a court in a county in

    which any part of the described or defined community property is

    located.

    Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

    1997. Amended by Acts 2001, 77th Leg., ch. 217, Sec. 23, eff.

    Sept. 1, 2001.

    Sec. 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 service of the United

    States, the spouse of the prisoner of war or missing person may

    file a sworn petition stating the facts that make it desirable

    for the petitioner to manage, control, and dispose of the

    community property described or defined in the petition that

    would otherwise be subject to the sole or joint management,

    control, and disposition of the imprisoned or missing spouse.

    (b) The petition may be filed in a court in the county in which

    the petitioner resided at the time the report was made not

    earlier than six months after the date of the notice that a

    spouse is reported to be a prisoner of war or missing on public

    service. If both spouses were nonresidents of this state at the

    time the report was made, the petition shall be filed in a court

    in a county in which any part of the described or defined

    property is located.

    Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

    1997.

    Sec. 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 court shall appoint an attorney in a suit filed under

    this subchapter for a respondent reported to be a prisoner of war

    or missing on public service.

    (c) The court shall allow a reasonable fee for an appointed

    attorney's services as a part of the costs of the suit.

    Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

    1997.

    Sec. 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

    attorney has been appointed.

    (b) If an attorney has not been appointed for the respondent,

    citation shall be issued and served on the respondent as in other

    civil cases.

    Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

    1997.

    Sec. 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, citation shall

    be published in a newspaper of general circulation published in

    the county in which the petition was filed. If that county has no

    newspaper of general circulation, citation shall be published in

    a newspaper of general circulation in an adjacent county or in

    the nearest county in which a newspaper of general circulation is

    published.

    (b) The notice shall be published once a week for two

    consecutive weeks before the hearing, but the first notice may

    not be published after the 20th day before the date set for the

    hearing.

    Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

    1997.

    Sec. 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 describing or defining

    the community property at issue that will be subject to the

    management, control, and disposition of each spouse during

    marriage.

    (b) The court may:

    (1) impose any condition and restriction the court deems

    necessary to protect the rights of the respondent;

    (2) require a bond conditioned on the faithful administration of

    the property; and

    (3) require payment to the registry of the court of all or a

    portion of the proceeds of the sale of the property, to be

    disbursed in accordance with the court's further directions.

    Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

    1997.

    Sec. 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 or

    vacate the original order after notice and hearing if:

    (1) the spouse who disappeared reappears;

    (2) the abandonment or permanent separation ends; or

    (3) the spouse who was reported to be a prisoner of war or

    missing on public service returns.

    Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

    1997. Amended by Acts 2001, 77th Leg., ch. 217, Sec. 24, eff.

    Sept. 1, 2001.

    Sec. 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 actual notice unless the order is recorded in

    the deed records of the county in which the real property is

    located.

    Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

    1997.

    Sec. 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. 7, Sec. 1, eff. April 17,

    1997.

    SUBCHAPTER E. CLAIMS FOR REIMBURSEMENT

    Sec. 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 Leg., R.S., Ch. 768, Sec. 11(2),

    eff. September 1, 2009.

    (3) Repealed by Acts 2009, 81st Leg., R.S., Ch. 768, Sec. 11(2),

    eff. September 1, 2009.

    (4) "Marital estate" means one of three estates:

    (A) the community property owned by the spouses together and

    referred to as the community marital estate;

    (B) the separate property owned individually by the husband and

    referred to as a separate marital estate; or

    (C) the separate property owned individually by the wife, also

    referred to as a separate marital estate.

    (5) "Spouse" means a husband, who is a man, or a wife, who is a

    woman. A member of a civil union or similar relationship entered

    into in another state between persons of the same sex is not a

    spouse.

    Added by Acts 1999, 76th Leg., ch. 692, Sec. 2, eff. Sept. 1,

    1999. Amended by Acts 2001, 77th Leg., ch. 838, Sec. 2, eff.

    Sept. 1, 2001.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    768, Sec. 11(2), eff. September 1, 2009.

    Sec. 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;

    (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;

    (3) the reduction of the principal amount of a debt secured by

    a lien on property owned before marriage, to the extent the debt

    existed at the time of marriage;

    (4) the reduction of the principal amount of a debt secured by a

    lien on property received by a spouse by gift, devise, or descent

    during a marriage, to the extent the debt existed at the time the

    property was received;

    (5) the reduction of the principal amount of that part of a

    debt, including a home equity loan:

    (A) incurred during a marriage;

    (B) secured by a lien on property; and

    (C) incurred for the acquisition of, or for capital improvements

    to, property;

    (6) the reduction of the principal amount of that part of a

    debt:

    (A) incurred during a marriage;

    (B) secured by a lien on property owned by a spouse;

    (C) for which the creditor agreed to look for repayment solely

    to the separate marital estate of the spouse on whose property

    the lien attached; and

    (D) incurred for the acquisition of, or for capital improvements

    to, property;

    (7) the refinancing of the principal amount described by

    Subdivisions (3)-(6), to the extent the refinancing reduces that

    principal amount in a manner described by the applicable

    subdivision;

    (8) capital improvements to property other than by incurring

    debt; and

    (9) the reduction by the community property estate of an

    unsecured debt incurred by the separate estate of one of the

    spouses.

    (b) 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.

    (c) Benefits for the use and enjoyment of property may be offset

    against a claim for reimbursement for expenditures to benefit a

    marital estate, except that the separate estate of a spouse may

    not claim an offset for use and enjoyment of a primary or

    secondary residence owned wholly or partly by the separate estate

    against contributions made by the community estate to the

    separate estate.

    (d) Reimbursement for funds expended by a marital estate for

    improvements to another marital estate shall be measured by the

    enhancement in value to the benefited marital estate.

    (e) The party seeking an offset to a claim for reimbursement has

    the burden of proof with respect to the offset.

    Added by Acts 1999, 76th Leg., ch. 692, Sec. 2, eff. Sept. 1,

    1999. Amended by Acts 2001, 77th Leg., ch. 838, Sec. 2, eff.

    Sept. 1, 2001.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    768, Sec. 3, eff. September 1, 2009.

    Sec. 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 to own or claim the property

    arises.

    (b) A claim for reimbursement under this subchapter does not

    create an ownership interest in property, but does create a claim

    against the property of the benefited estate by the contributing

    estate. The claim matures on dissolution of the marriage or the

    death of either spouse.

    Added by Acts 1999, 76th Leg., ch. 692, Sec. 2, eff. Sept. 1,

    1999. Amended by Acts 2001, 77th Leg., ch. 838, Sec. 2, eff.

    Sept. 1, 2001.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    768, Sec. 4, eff. September 1, 2009.

    Sec. 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 Leg., ch. 692, Sec. 2, eff. Sept. 1,

    1999. Amended by Acts 2001, 77th Leg., ch. 838, Sec. 2, eff.

    Sept. 1, 2001.

    Sec. 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 for reimbursement

    against that property by a contributing marital estate.

    (b) On the death of a spouse, a court may, on application for a

    claim for reimbursement brought by the surviving spouse, the

    personal representative of the estate of the deceased spouse, or

    any other person interested in the estate, as defined by Section

    3, Texas Probate Code, impose an equitable lien on the property

    of a benefited marital estate to secure a claim for reimbursement

    against that property by a contributing marital estate.

    (c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 768, Sec. 11(4),

    eff. September 1, 2009.

    Added by Acts 1999, 76th Leg., ch. 692, Sec. 2, eff. Sept. 1,

    1999. Amended by Acts 2001, 77th Leg., ch. 838, Sec. 2, eff.

    Sept. 1, 2001.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    768, Sec. 5, eff. September 1, 2009.

    Acts 2009, 81st Leg., R.S., Ch.

    768, Sec. 11(4), eff. September 1, 2009.

    Sec. 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 expenses of a spouse or child of a spouse;

    (3) contributions of property of a nominal value;

    (4) the payment of a liability of a nominal amount; or

    (5) a student loan owed by a spouse.

    Added by Acts 2001, 77th Leg., ch. 838, Sec. 2, eff. Sept. 1,

    2001.

    Sec. 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 waive, release, assign, or partition a

    claim for economic contribution, reimbursement, or both, under

    this subchapter to the same extent the agreement would have been

    effective to waive, release, assign, or partition a claim for

    economic contribution, reimbursement, or both under the law as it

    existed immediately before September 1, 2009, unless the

    agreement provides otherwise.

    Added by Acts 2001, 77th Leg., ch. 838, Sec. 2, eff. Sept. 1,

    2001.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    768, Sec. 6, eff. September 1, 2009.

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