Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 77(R)

HOUSE BILL 1245

HOUSE AUTHOR: Goodman

EFFECTIVE: 9-1-01

SENATE SPONSOR: Harris

            House Bill 1245 amends provisions of the Family Code relating to the relationship between separate and community property during a marriage. The bill defines "economic contribution," "equity," "marital estate," and "spouse" as they relate to a claim for economic contribution and reimbursement, and provides that a marital estate that makes an economic contribution to property owned by another marital estate has a claim for economic contribution with respect to the benefited estate.

            The bill clarifies that a claim for economic contribution does not create an ownership interest in property, but does create a claim against the property of the benefited estate. The bill describes claims based on economic contribution, offsetting claims, claims for reimbursement, nonreimbursable claims, and equitable liens imposed on a marital estate. The bill also establishes the effect of premarital and marital property agreements on a claim for economic contribution and makes conforming changes.