By Harris S.B. No. 334
75R2188 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the recodification of statutes relating to the marriage
1-3 relationship.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The Family Code is recodified by reenacting Title
1-6 1 to read as follows:
1-7 TITLE 1. THE MARRIAGE RELATIONSHIP
1-8 SUBTITLE A. MARRIAGE
1-9 CHAPTER 1. GENERAL PROVISIONS
1-10 SUBCHAPTER A. DEFINITIONS
1-11 Sec. 1.001. APPLICABILITY OF DEFINITIONS. (a) The
1-12 definitions in this subchapter apply to this title.
1-13 (b) Except as provided by this subchapter, the definitions
1-14 in Chapter 101 apply to terms used in this title.
1-15 (c) If, in another part of this title, a term defined by
1-16 this subchapter has a meaning different from the meaning provided
1-17 by this subchapter, the meaning of that other provision prevails.
1-18 Sec. 1.002. COURT. "Court" means the district court,
1-19 juvenile court having the jurisdiction of a district court, or
1-20 other court expressly given jurisdiction of a suit under this
1-21 title.
1-22 Sec. 1.003. SUIT FOR DISSOLUTION OF MARRIAGE. "Suit for
1-23 dissolution of a marriage" includes a suit for divorce or annulment
1-24 or to declare a marriage void.
2-1 (Sections 1.004-1.100 reserved for expansion)
2-2 SUBCHAPTER B. PUBLIC POLICY
2-3 Sec. 1.101. EVERY MARRIAGE PRESUMED VALID. In order to
2-4 promote the public health and welfare and to provide the necessary
2-5 records, this code specifies detailed rules to be followed in
2-6 establishing the marriage relationship. However, in order to
2-7 provide stability for those entering into the marriage relationship
2-8 in good faith and to provide for an orderly determination of
2-9 parentage and security for the children of the relationship, it is
2-10 the policy of this state to preserve and uphold each marriage
2-11 against claims of invalidity unless a strong reason exists for
2-12 holding the marriage void or voidable. Therefore, every marriage
2-13 entered into in this state is presumed to be valid unless expressly
2-14 made void by Chapter 6 or unless expressly made voidable by Chapter
2-15 6 and annulled as provided by that chapter.
2-16 Sec. 1.102. MOST RECENT MARRIAGE PRESUMED VALID. When two
2-17 or more marriages of a person to different spouses are alleged, the
2-18 most recent marriage is presumed to be valid as against each
2-19 marriage that precedes the most recent marriage until one who
2-20 asserts the validity of a prior marriage proves the validity of the
2-21 prior marriage.
2-22 Sec. 1.103. PERSONS MARRIED ELSEWHERE. The law of this
2-23 state applies to persons married elsewhere who are domiciled in
2-24 this state.
2-25 Sec. 1.104. CAPACITY OF SPOUSE. Except as expressly
2-26 provided by statute or by the constitution, a person, regardless of
2-27 age, who has been married in accordance with the law of this state
3-1 has the capacity and power of an adult, including the capacity to
3-2 contract.
3-3 Sec. 1.105. JOINDER IN CIVIL SUITS. (a) A spouse may sue
3-4 and be sued without the joinder of the other spouse.
3-5 (b) When claims or liabilities are joint and several, the
3-6 spouses may be joined under the rules relating to joinder of
3-7 parties generally.
3-8 Sec. 1.106. CRIMINAL CONVERSATION NOT AUTHORIZED. A right
3-9 of action by one spouse against a third party for criminal
3-10 conversation is not authorized in this state.
3-11 Sec. 1.107. ALIENATION OF AFFECTION NOT AUTHORIZED. A right
3-12 of action by one spouse against a third party for alienation of
3-13 affection is not authorized in this state.
3-14 Sec. 1.108. PROMISE OR AGREEMENT MUST BE IN WRITING. A
3-15 promise or agreement made on consideration of marriage or
3-16 nonmarital conjugal cohabitation is not enforceable unless the
3-17 promise or agreement or a memorandum of the promise or agreement is
3-18 in writing and signed by the person obligated by the promise or
3-19 agreement.
3-20 CHAPTER 2. THE MARRIAGE RELATIONSHIP
3-21 SUBCHAPTER A. APPLICATION FOR MARRIAGE LICENSE
3-22 Sec. 2.001. MARRIAGE LICENSE. (a) A man and a woman
3-23 desiring to enter into a ceremonial marriage must obtain a marriage
3-24 license from the county clerk of any county of this state.
3-25 (b) A license may not be issued for the marriage of persons
3-26 of the same sex.
3-27 Sec. 2.002. Application for License. Except as provided by
4-1 Section 2.006, each person applying for a license must:
4-2 (1) appear before the county clerk;
4-3 (2) submit the person's proof of identity and age as
4-4 provided by this subchapter;
4-5 (3) provide the information applicable to that person
4-6 for which spaces are provided in the application for a marriage
4-7 license;
4-8 (4) mark the appropriate boxes provided in the
4-9 application; and
4-10 (5) take the oath printed on the application and sign
4-11 the application before the county clerk.
4-12 Sec. 2.003. Application for License by Minor. In addition
4-13 to the other requirements provided by this chapter, a person under
4-14 18 years of age applying for a license must provide to the county
4-15 clerk:
4-16 (1) documents establishing, as provided by Section
4-17 2.102, parental consent for the person to the marriage;
4-18 (2) documents establishing that a prior marriage of
4-19 the person has been dissolved; or
4-20 (3) a court order granted under Section 2.103
4-21 authorizing the marriage of the person.
4-22 Sec. 2.004. Application Form. (a) The county clerk shall
4-23 furnish the application form as prescribed by the bureau of vital
4-24 statistics.
4-25 (b) The application form must contain:
4-26 (1) a heading entitled "Application for Marriage
4-27 License, ____________ County, Texas";
5-1 (2) spaces for each applicant's full name, including
5-2 the woman's maiden surname, address, social security number, if
5-3 any, date of birth, and place of birth, including city, county, and
5-4 state;
5-5 (3) a space for indicating the document tendered by
5-6 each applicant as proof of identity and age;
5-7 (4) spaces for indicating whether each applicant has
5-8 been divorced within the last 30 days;
5-9 (5) printed boxes for each applicant to check "true"
5-10 or "false" in response to the following statement: "I am not
5-11 presently married.";
5-12 (6) printed boxes for each applicant to check "true"
5-13 or "false" in response to the following statement: "The other
5-14 applicant is not related to me as:
5-15 (A) an ancestor or descendant, by blood or
5-16 adoption;
5-17 (B) a brother or sister, of the whole or half
5-18 blood or by adoption;
5-19 (C) a parent's brother or sister, of the whole
5-20 or half blood or by adoption; or
5-21 (D) a son or daughter of a brother or sister, of
5-22 the whole or half blood or by adoption.";
5-23 (7) a printed oath reading: "I SOLEMNLY SWEAR (OR
5-24 AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS
5-25 CORRECT.";
5-26 (8) spaces immediately below the printed oath for the
5-27 applicants' signatures;
6-1 (9) a certificate of the county clerk that:
6-2 (A) each applicant made the oath and the date
6-3 and place that it was made; or
6-4 (B) an applicant did not appear personally but
6-5 the prerequisites for the license have been fulfilled as provided
6-6 by this chapter;
6-7 (10) spaces for indicating the date of the marriage
6-8 and the county in which the marriage is performed; and
6-9 (11) a space for the address to which the applicants
6-10 desire the completed license to be mailed.
6-11 Sec. 2.005. Proof of Identity and Age. (a) The county
6-12 clerk shall require proof of the identity and age of each
6-13 applicant.
6-14 (b) The proof must be established by a certified copy of the
6-15 applicant's birth certificate or by some certificate, license, or
6-16 document issued by this state or another state, the United States,
6-17 or a foreign government.
6-18 Sec. 2.006. Absent Applicant. (a) If an applicant is
6-19 unable to appear personally before the county clerk to apply for a
6-20 marriage license, any adult person or the other applicant may apply
6-21 on behalf of the absent applicant.
6-22 (b) The person applying on behalf of an absent applicant
6-23 shall provide to the clerk:
6-24 (1) the affidavit of the absent applicant as provided
6-25 by this subchapter;
6-26 (2) proof of the identity and age of the absent
6-27 applicant as provided by this subchapter; and
7-1 (3) if required because the absent applicant is a
7-2 person under 18 years of age, the documents establishing parental
7-3 consent, documents establishing that a prior marriage has been
7-4 dissolved, or a court order authorizing the marriage of the absent,
7-5 underage applicant.
7-6 Sec. 2.007. AFFIDAVIT OF ABSENT APPLICANT. The affidavit of
7-7 an absent applicant must include:
7-8 (1) the absent applicant's full name, including the
7-9 maiden surname of a female applicant, address, date of birth, place
7-10 of birth, including city, county, and state, citizenship, and
7-11 social security number, if any;
7-12 (2) a declaration that the absent applicant has not
7-13 been divorced within the last 30 days;
7-14 (3) a declaration that the absent applicant is:
7-15 (A) not presently married; or
7-16 (B) married to the other applicant and they wish
7-17 to marry again;
7-18 (4) a declaration that the other applicant is not
7-19 related to the absent applicant as:
7-20 (A) an ancestor or descendant, by blood or
7-21 adoption;
7-22 (B) a brother or sister, of the whole or half
7-23 blood or by adoption;
7-24 (C) a parent's brother or sister, of the whole
7-25 or half blood or by adoption; or
7-26 (D) a son or daughter of a brother or sister, of
7-27 the whole or half blood or by adoption;
8-1 (5) a declaration that the absent applicant desires to
8-2 marry and the name, age, and address of the person to whom the
8-3 absent applicant desires to be married;
8-4 (6) the approximate date on which the marriage is to
8-5 occur;
8-6 (7) the reason the absent applicant is unable to
8-7 appear personally before the county clerk for the issuance of the
8-8 license; and
8-9 (8) if the absent applicant will be unable to attend
8-10 the ceremony, the appointment of any adult, other than the other
8-11 applicant, to act as proxy for the purpose of participating in the
8-12 ceremony.
8-13 Sec. 2.008. Execution of Application by Clerk. (a) The
8-14 county clerk shall:
8-15 (1) determine that all necessary information, other
8-16 than the date of the marriage ceremony, the county in which the
8-17 ceremony is conducted, and the name of the person who performs the
8-18 ceremony, is recorded on the application and that all necessary
8-19 documents are submitted;
8-20 (2) administer the oath to each applicant appearing
8-21 before the clerk;
8-22 (3) have each applicant appearing before the clerk
8-23 sign the application in the clerk's presence; and
8-24 (4) execute the clerk's certificate on the
8-25 application.
8-26 (b) A person appearing before the clerk on behalf of an
8-27 absent applicant is not required to take the oath on behalf of the
9-1 absent applicant.
9-2 Sec. 2.009. Issuance of License. (a) Except as provided by
9-3 Subsection (b), the county clerk may not issue a license if either
9-4 applicant:
9-5 (1) fails to provide the information required by this
9-6 subchapter;
9-7 (2) fails to submit proof of age and identity;
9-8 (3) is under 14 years of age and has not been granted
9-9 a court order as provided by Section 2.103;
9-10 (4) is 14 years of age or older but under 18 years of
9-11 age and has not presented at least one of the following:
9-12 (A) parental consent as provided by Section
9-13 2.102;
9-14 (B) documents establishing that a prior marriage
9-15 of the applicant has been dissolved; or
9-16 (C) a court order as provided by Section 2.103;
9-17 (5) checks "false" in response to a statement in the
9-18 application, except as provided by Subsection (b), or fails to make
9-19 a required declaration in an affidavit required of an absent
9-20 applicant; or
9-21 (6) indicates that the applicant has been divorced by
9-22 a decree of a court of this state within the last 30 days, unless:
9-23 (A) the applicants were divorced from each
9-24 other; or
9-25 (B) the prohibition against remarriage is waived
9-26 as provided by Section 6.710.
9-27 (b) If an applicant checks "false" in response to the
10-1 statement "I am not presently married," the county clerk shall
10-2 inquire as to whether the applicant is presently married to the
10-3 other applicant. If the applicant states that the applicant is
10-4 currently married to the other applicant, the county clerk shall
10-5 record that statement on the license before the administration of
10-6 the oath. The county clerk may not refuse to issue a license on
10-7 the ground that the applicants are already married to each other.
10-8 (c) On the proper execution of the application, the clerk
10-9 shall:
10-10 (1) prepare the license;
10-11 (2) record on the reverse side of the license the
10-12 names of the licensees, the date that the license is issued, and,
10-13 if applicable, the name of the person appointed to act as proxy for
10-14 an absent applicant, if any;
10-15 (3) record the time at which the license was issued;
10-16 and
10-17 (4) distribute to each applicant printed materials
10-18 about acquired immune deficiency syndrome (AIDS) and human
10-19 immunodeficiency virus (HIV) and note on the license that the
10-20 distribution was made.
10-21 Sec. 2.010. AIDS INFORMATION. Materials providing
10-22 information about acquired immune deficiency syndrome (AIDS) and
10-23 human immunodeficiency virus (HIV) shall be prepared and provided
10-24 to the clerk by the Texas Department of Health and shall be
10-25 designed to inform the applicants about:
10-26 (1) the incidence and mode of transmission of AIDS and
10-27 HIV;
11-1 (2) the local availability of medical procedures,
11-2 including voluntary testing, designed to show or help show whether
11-3 a person has AIDS or HIV infection, antibodies to HIV, or infection
11-4 with any other probable causative agent of AIDS; and
11-5 (3) available and appropriate counseling services
11-6 regarding AIDS and HIV infection.
11-7 Sec. 2.011. RECORDING. The county clerk shall record all
11-8 licenses issued by the clerk and all documents submitted with an
11-9 application for a license or note a summary of the documents on the
11-10 application.
11-11 Sec. 2.012. VIOLATION BY COUNTY CLERK; PENALTY. A county
11-12 clerk or deputy county clerk who violates or fails to comply with
11-13 this subchapter commits an offense. An offense under this section
11-14 is a misdemeanor punishable by a fine of not less than $200 and not
11-15 more than $500.
11-16 (Sections 2.013-2.100 reserved for expansion)
11-17 SUBCHAPTER B. UNDERAGE APPLICANTS
11-18 Sec. 2.101. GENERAL AGE REQUIREMENT. Except as otherwise
11-19 provided by this subchapter or on a showing that a prior marriage
11-20 has been dissolved, a county clerk may not issue a marriage license
11-21 if either applicant is under 18 years of age.
11-22 Sec. 2.102. PARENTAL CONSENT FOR UNDERAGE APPLICANT. (a)
11-23 If an applicant is 14 years of age or older but under 18 years of
11-24 age, the county clerk shall issue the license if parental consent
11-25 is given as provided by this section.
11-26 (b) Parental consent must be evidenced by a written
11-27 declaration on a form supplied by the county clerk in which the
12-1 person consents to the marriage and swears that the person is a
12-2 parent (if there is no judicially designated managing conservator
12-3 or guardian of the applicant's person) or a judicially designated
12-4 managing conservator or guardian (whether an individual, authorized
12-5 agency, or court) of the applicant's person.
12-6 (c) Except as otherwise provided by this section, consent
12-7 must be acknowledged before a county clerk.
12-8 (d) If the person giving parental consent resides in another
12-9 state, the consent may be acknowledged before an officer authorized
12-10 to issue marriage licenses in that state.
12-11 (e) If the person giving parental consent is unable because
12-12 of illness or incapacity to comply with the provisions of
12-13 Subsection (c) or (d), the consent may be acknowledged before any
12-14 officer authorized to take acknowledgments. A consent under this
12-15 subsection must be accompanied by a physician's affidavit stating
12-16 that the person giving parental consent is unable to comply because
12-17 of illness or incapacity.
12-18 (f) Parental consent must be given at the time the
12-19 application for the marriage license is made or not earlier than
12-20 the 30th day preceding the date the application is made.
12-21 Sec. 2.103. COURT ORDER FOR UNDERAGE APPLICANT. (a) A
12-22 minor may petition the court in the minor's own name for an order
12-23 granting permission to marry. In a suit under this section, the
12-24 trial judge may advance the suit if the best interest of the
12-25 applicant would be served by an early hearing.
12-26 (b) The petition must be filed in the county where a parent
12-27 resides if a managing conservator or a guardian of the person has
13-1 not been appointed. If a managing conservator or a guardian of the
13-2 person has been appointed, the petition must be filed in the county
13-3 where the managing conservator or the guardian of the person
13-4 resides. If no person authorized to consent to marriage for the
13-5 minor resides in this state, the petition must be filed in the
13-6 county where the minor lives.
13-7 (c) The petition must include:
13-8 (1) a statement of the reasons the minor desires to
13-9 marry;
13-10 (2) a statement of whether each parent is living or is
13-11 dead;
13-12 (3) the name and residence address of each living
13-13 parent; and
13-14 (4) a statement of whether a managing conservator or a
13-15 guardian of the person has been appointed for the minor.
13-16 (d) Process shall be served as in other civil cases on each
13-17 living parent of the minor or, if a managing conservator or a
13-18 guardian of the person has been appointed, on the managing
13-19 conservator or guardian of the person. Citation may be given by
13-20 publication as in other civil cases, except that notice shall be
13-21 published one time only.
13-22 (e) The court shall appoint a guardian ad litem to represent
13-23 the minor in the proceeding and to speak for or against the
13-24 petition in the manner the guardian ad litem believes to be in the
13-25 best interest of the minor. The court shall specify a fee to be
13-26 paid by the minor for the services of the guardian ad litem. The
13-27 fee shall be collected in the same manner as other costs of the
14-1 proceeding.
14-2 (f) If after a hearing the court, sitting without a jury,
14-3 believes marriage to be in the best interest of the minor, the
14-4 court, by order, shall grant the minor permission to marry.
14-5 (Sections 2.104-2.200 reserved for expansion)
14-6 SUBCHAPTER C. CEREMONY AND RETURN OF LICENSE
14-7 Sec. 2.201. EXPIRATION OF LICENSE. If a marriage ceremony
14-8 has not been conducted before the 31st day after the date the
14-9 license is issued, the marriage license expires.
14-10 Sec. 2.202. PERSONS AUTHORIZED TO CONDUCT CEREMONY. (a)
14-11 The following persons are authorized to conduct a marriage
14-12 ceremony:
14-13 (1) a licensed or ordained Christian minister or
14-14 priest;
14-15 (2) a Jewish rabbi;
14-16 (3) a person who is an officer of a religious
14-17 organization and who is authorized by the organization to conduct a
14-18 marriage ceremony; and
14-19 (4) a justice of the supreme court, judge of the court
14-20 of criminal appeals, justice of the courts of appeals, judge of the
14-21 district, county, and probate courts, judge of the county courts at
14-22 law, judge of the courts of domestic relations, judge of the
14-23 juvenile courts, retired justice or judge of those courts, justice
14-24 of the peace, retired justice of the peace, or judge or magistrate
14-25 of a federal court of this state.
14-26 (b) For the purposes of this section, a retired judge or
14-27 justice is a former judge or justice who is vested in the Judicial
15-1 Retirement System of Texas Plan One or the Judicial Retirement
15-2 System of Texas Plan Two or who has an aggregate of at least 12
15-3 years of service as judge or justice of any type listed in
15-4 Subsection (a)(4).
15-5 Sec. 2.203. CEREMONY. (a) On receiving an unexpired
15-6 marriage license, an authorized person may conduct the marriage
15-7 ceremony as provided by this subchapter.
15-8 (b) A person unable to appear for the ceremony may assent to
15-9 marriage by the appearance of a proxy appointed in the affidavit
15-10 authorized by Subchapter A.
15-11 Sec. 2.204. 72-HOUR WAITING PERIOD; EXCEPTIONS. (a) Except
15-12 as provided by this section, a marriage ceremony may not take place
15-13 during the 72-hour period immediately following the issuance of the
15-14 marriage license.
15-15 (b) The 72-hour waiting period after issuance of a marriage
15-16 license does not apply to an applicant who:
15-17 (1) is a member of the armed forces of the United
15-18 States and on active duty; or
15-19 (2) obtains a written waiver under Subsection (c).
15-20 (c) An applicant may request a judge of a court with
15-21 jurisdiction in family law cases, a justice of the supreme court, a
15-22 judge of the court of criminal appeals, or a judge of a court of
15-23 appeals for a written waiver permitting the marriage ceremony to
15-24 take place during the 72-hour period immediately following the
15-25 issuance of the marriage license. If the judge finds that there is
15-26 good cause for the marriage to take place during the period, the
15-27 judge shall sign the waiver.
16-1 Sec. 2.205. DISCRIMINATION IN CONDUCTING MARRIAGE
16-2 PROHIBITED. (a) A person authorized to conduct a marriage
16-3 ceremony by this subchapter is prohibited from discriminating on
16-4 the basis of race, religion, or national origin against an
16-5 applicant who is otherwise competent to be married.
16-6 (b) On a finding by the State Commission on Judicial Conduct
16-7 that a person has intentionally violated Subsection (a), the
16-8 commission may recommend to the supreme court that the person be
16-9 removed from office.
16-10 Sec. 2.206. RETURN OF LICENSE; PENALTY. (a) The person who
16-11 conducts a marriage ceremony shall record on the license the date
16-12 on which and the county in which the ceremony is performed and the
16-13 person's name, subscribe the license, and return the license to the
16-14 county clerk who issued it not later than the 30th day after the
16-15 date the ceremony is conducted.
16-16 (b) A person who fails to comply with this section commits
16-17 an offense. An offense under this section is a misdemeanor
16-18 punishable by a fine of not less than $200 and not more than $500.
16-19 Sec. 2.207. MARRIAGE CONDUCTED AFTER LICENSE EXPIRED;
16-20 PENALTY. (a) A person who is to conduct a marriage ceremony shall
16-21 determine whether the license has expired from the county clerk's
16-22 endorsement on the license.
16-23 (b) A person who conducts a marriage ceremony after the
16-24 marriage license has expired commits an offense. An offense under
16-25 this section is a misdemeanor punishable by a fine of not less than
16-26 $200 and not more than $500.
16-27 Sec. 2.208. RECORDING AND DELIVERY OF LICENSE. (a) The
17-1 county clerk shall record a returned marriage license and mail the
17-2 license to the address indicated on the application.
17-3 (b) On the application form the county clerk shall record:
17-4 (1) the date of the marriage ceremony;
17-5 (2) the county in which the ceremony was conducted;
17-6 and
17-7 (3) the name of the person who conducted the ceremony.
17-8 Sec. 2.209. DUPLICATE LICENSE. (a) On the application and
17-9 proof of identity of a person whose marriage is recorded in the
17-10 records of the county clerk, the county clerk shall issue a
17-11 duplicate marriage license completed with information as contained
17-12 in the records.
17-13 (b) On the application and proof of identity of both persons
17-14 to whom a marriage license was issued but not recorded as required
17-15 by Section 2.208, the county clerk shall issue a duplicate license
17-16 if each person applying submits to the clerk an affidavit stating:
17-17 (1) that the persons to whom the original license was
17-18 issued were married to each other before the expiration date of the
17-19 original license by a person authorized to conduct a marriage
17-20 ceremony;
17-21 (2) the name of the person who conducted the ceremony;
17-22 and
17-23 (3) the date of the ceremony.
17-24 (Sections 2.210-2.300 reserved for expansion)
17-25 SUBCHAPTER D. VALIDITY OF MARRIAGE
17-26 Sec. 2.301. FRAUD, MISTAKE, OR ILLEGALITY IN OBTAINING
17-27 LICENSE. Except as otherwise provided by this chapter, the
18-1 validity of a marriage is not affected by any fraud, mistake, or
18-2 illegality that occurred in obtaining the marriage license.
18-3 Sec. 2.302. CEREMONY CONDUCTED BY UNAUTHORIZED PERSON. The
18-4 validity of a marriage is not affected by the lack of authority of
18-5 the person conducting the marriage ceremony if:
18-6 (1) there was a reasonable appearance of authority by
18-7 that person; and
18-8 (2) at least one party to the marriage participated in
18-9 the ceremony in good faith and that party treats the marriage as
18-10 valid.
18-11 (Sections 2.303-2.400 reserved for expansion)
18-12 SUBCHAPTER E. MARRIAGE WITHOUT FORMALITIES
18-13 Sec. 2.401. PROOF OF INFORMAL MARRIAGE. (a) In a judicial,
18-14 administrative, or other proceeding, the marriage of a man and
18-15 woman may be proved by evidence that:
18-16 (1) a declaration of their marriage has been signed as
18-17 provided by this subchapter; or
18-18 (2) the man and woman agreed to be married and after
18-19 the agreement they lived together in this state as husband and wife
18-20 and there represented to others that they were married.
18-21 (b) If a proceeding in which a marriage is to be proved as
18-22 provided by Subsection (a)(2) is not commenced before the second
18-23 anniversary of the date on which the parties separated and ceased
18-24 living together, it is rebuttably presumed that the parties did not
18-25 enter into an agreement to be married.
18-26 Sec. 2.402. DECLARATION AND REGISTRATION OF INFORMAL
18-27 MARRIAGE. (a) A declaration of informal marriage must be signed
19-1 on a form prescribed by the bureau of vital statistics and provided
19-2 by the county clerk. Each party to the declaration shall provide
19-3 the information required in the form.
19-4 (b) The declaration form must contain:
19-5 (1) a heading entitled "Declaration and Registration
19-6 of Informal Marriage, ___________ County, Texas";
19-7 (2) spaces for each party's full name, including the
19-8 woman's maiden surname, address, date of birth, place of birth,
19-9 including city, county, and state, and social security number, if
19-10 any;
19-11 (3) a space for indicating the type of document
19-12 tendered by each party as proof of age and identity;
19-13 (4) printed boxes for each party to check "true" or
19-14 "false" in response to the following statement: "The other party is
19-15 not related to me as:
19-16 (A) an ancestor or descendant, by blood or
19-17 adoption;
19-18 (B) a brother or sister, of the whole or half
19-19 blood or by adoption;
19-20 (C) a parent's brother or sister, of the whole
19-21 or half blood or by adoption; or
19-22 (D) a son or daughter of a brother or sister, of
19-23 the whole or half blood or by adoption.";
19-24 (5) a printed declaration and oath reading: "I
19-25 SOLEMNLY SWEAR (OR AFFIRM) THAT WE, THE UNDERSIGNED, ARE MARRIED TO
19-26 EACH OTHER BY VIRTUE OF THE FOLLOWING FACTS: ON OR ABOUT (DATE) WE
19-27 AGREED TO BE MARRIED, AND AFTER THAT DATE WE LIVED TOGETHER AS
20-1 HUSBAND AND WIFE AND IN THIS STATE WE REPRESENTED TO OTHERS THAT WE
20-2 WERE MARRIED. SINCE THE DATE OF MARRIAGE TO THE OTHER PARTY I HAVE
20-3 NOT BEEN MARRIED TO ANY OTHER PERSON. THIS DECLARATION IS TRUE AND
20-4 THE INFORMATION IN IT WHICH I HAVE GIVEN IS CORRECT.";
20-5 (6) spaces immediately below the printed declaration
20-6 and oath for the parties' signatures; and
20-7 (7) a certificate of the county clerk that the parties
20-8 made the declaration and oath and the place and date it was made.
20-9 (c) If either party is underage at the time of filing a
20-10 declaration, the declaration must have attached an acknowledged
20-11 consent signed by a parent of each underage person.
20-12 Sec. 2.403. PROOF OF IDENTITY AND AGE. The county clerk
20-13 shall require proof of the identity and age of each party to the
20-14 declaration of informal marriage to be established by a certified
20-15 copy of the party's birth certificate or by some certificate,
20-16 license, or document issued by this state or another state, the
20-17 United States, or a foreign government.
20-18 Sec. 2.404. RECORDING OF DECLARATION OF INFORMAL MARRIAGE.
20-19 (a) The county clerk shall:
20-20 (1) determine that all necessary information is
20-21 recorded on the declaration of informal marriage form and that all
20-22 necessary documents are submitted to the clerk;
20-23 (2) administer the oath to each party to the
20-24 declaration;
20-25 (3) have each party sign the declaration in the
20-26 clerk's presence; and
20-27 (4) execute the clerk's certificate to the
21-1 declaration.
21-2 (b) The county clerk may not certify or record the
21-3 declaration if:
21-4 (1) either party fails to supply any information or
21-5 provide any document required by this subchapter;
21-6 (2) either party is under 16 years of age and waiver
21-7 of the age requirement has not been ordered; or
21-8 (3) either party checks "false" in response to the
21-9 statement of relationship to the other party.
21-10 (c) On execution of the declaration, the county clerk shall
21-11 record the declaration and all documents submitted with the
21-12 declaration or note a summary of them on the declaration form,
21-13 deliver the original of the declaration to the parties, and send a
21-14 copy to the bureau of vital statistics.
21-15 (d) A declaration recorded as provided in this section is
21-16 prima facie evidence of the marriage of the parties.
21-17 (e) At the time the parties sign the declaration, the clerk
21-18 shall distribute to each party printed materials about acquired
21-19 immune deficiency syndrome (AIDS) and human immunodeficiency virus
21-20 (HIV). The clerk shall note on the declaration that the
21-21 distribution was made. The materials shall be prepared and
21-22 provided to the clerk by the Texas Department of Health and shall
21-23 be designed to inform the parties about:
21-24 (1) the incidence and mode of transmission of AIDS and
21-25 HIV;
21-26 (2) the local availability of medical procedures,
21-27 including voluntary testing, designed to show or help show whether
22-1 a person has AIDS or HIV infection, antibodies to HIV, or infection
22-2 with any other probable causative agent of AIDS; and
22-3 (3) available and appropriate counseling services
22-4 regarding AIDS and HIV infection.
22-5 Sec. 2.405. VIOLATION BY COUNTY CLERK; PENALTY. A county
22-6 clerk or deputy county clerk who violates this subchapter commits
22-7 an offense. An offense under this section is a misdemeanor
22-8 punishable by a fine of not less than $200 and not more than $500.
22-9 (Sections 2.406-2.500 reserved for expansion)
22-10 SUBCHAPTER F. RIGHTS AND DUTIES OF SPOUSES
22-11 Sec. 2.501. DUTY TO SUPPORT. (a) Each spouse has the duty
22-12 to support the other spouse.
22-13 (b) A spouse who fails to discharge the duty of support is
22-14 liable to any person who provides necessaries to the spouse to whom
22-15 support is owed.
22-16 SUBTITLE B. PROPERTY RIGHTS AND LIABILITIES
22-17 CHAPTER 3. MARITAL PROPERTY RIGHTS AND LIABILITIES
22-18 SUBCHAPTER A. GENERAL RULES FOR SEPARATE AND COMMUNITY PROPERTY
22-19 Sec. 3.001. SEPARATE PROPERTY. A spouse's separate property
22-20 consists of:
22-21 (1) the property owned or claimed by the spouse before
22-22 marriage;
22-23 (2) the property acquired by the spouse during
22-24 marriage by gift, devise, or descent; and
22-25 (3) the recovery for personal injuries sustained by
22-26 the spouse during marriage, except any recovery for loss of earning
22-27 capacity during marriage.
23-1 Sec. 3.002. COMMUNITY PROPERTY. Community property consists
23-2 of the property, other than separate property, acquired by either
23-3 spouse during marriage.
23-4 Sec. 3.003. PRESUMPTION OF COMMUNITY PROPERTY. (a)
23-5 Property possessed by either spouse during or on dissolution of
23-6 marriage is presumed to be community property.
23-7 (b) The degree of proof necessary to establish that property
23-8 is separate property is clear and convincing evidence.
23-9 Sec. 3.004. RECORDATION OF SEPARATE PROPERTY. (a) A
23-10 subscribed and acknowledged schedule of a spouse's separate
23-11 property may be recorded in the deed records of the county in which
23-12 the parties, or one of them, reside and in the county or counties
23-13 in which the real property is located.
23-14 (b) A schedule of a spouse's separate real property is not
23-15 constructive notice to a good faith purchaser for value or a
23-16 creditor without actual notice unless the instrument is
23-17 acknowledged and recorded in the deed records of the county in
23-18 which the real property is located.
23-19 Sec. 3.005. GIFTS BETWEEN SPOUSES. If one spouse makes a
23-20 gift of property to the other spouse, the gift is presumed to
23-21 include all the income and property that may arise from that
23-22 property.
23-23 (Sections 3.006-3.100 reserved for expansion)
23-24 SUBCHAPTER B. MANAGEMENT, CONTROL, AND DISPOSITION OF
23-25 MARITAL PROPERTY
23-26 Sec. 3.101. MANAGING SEPARATE PROPERTY. Each spouse has the
23-27 sole management, control, and disposition of that spouse's separate
24-1 property.
24-2 Sec. 3.102. MANAGING COMMUNITY PROPERTY. (a) During
24-3 marriage, each spouse has the sole management, control, and
24-4 disposition of the community property that the spouse would have
24-5 owned if single, including:
24-6 (1) personal earnings;
24-7 (2) revenue from separate property;
24-8 (3) recoveries for personal injuries; and
24-9 (4) the increase and mutations of, and the revenue
24-10 from, all property subject to the spouse's sole management,
24-11 control, and disposition.
24-12 (b) If community property subject to the sole management,
24-13 control, and disposition of one spouse is mixed or combined with
24-14 community property subject to the sole management, control, and
24-15 disposition of the other spouse, then the mixed or combined
24-16 community property is subject to the joint management, control, and
24-17 disposition of the spouses, unless the spouses provide otherwise by
24-18 power of attorney in writing or other agreement.
24-19 (c) Except as provided by Subsection (a), community property
24-20 is subject to the joint management, control, and disposition of the
24-21 spouses unless the spouses provide otherwise by power of attorney
24-22 in writing or other agreement.
24-23 Sec. 3.103. MANAGING EARNINGS OF MINOR. During the marriage
24-24 of the parents of an unemancipated minor for whom a managing
24-25 conservator has not been appointed, the earnings of the minor are
24-26 subject to the joint management, control, and disposition of the
24-27 parents of the minor, unless otherwise provided by agreement of the
25-1 parents or by judicial order.
25-2 Sec. 3.104. PROTECTION OF THIRD PERSONS. (a) During
25-3 marriage, property is presumed to be subject to the sole
25-4 management, control, and disposition of a spouse if it is held in
25-5 that spouse's name, as shown by muniment, contract, deposit of
25-6 funds, or other evidence of ownership, or if it is in that spouse's
25-7 possession and is not subject to such evidence of ownership.
25-8 (b) A third person dealing with a spouse is entitled to
25-9 rely, as against the other spouse or anyone claiming from that
25-10 spouse, on that spouse's authority to deal with the property if:
25-11 (1) the property is presumed to be subject to the sole
25-12 management, control, and disposition of the spouse; and
25-13 (2) the person dealing with the spouse:
25-14 (A) is not a party to a fraud on the other
25-15 spouse or another person; and
25-16 (B) does not have actual or constructive notice
25-17 of the spouse's lack of authority.
25-18 (Sections 3.105-3.200 reserved for expansion)
25-19 SUBCHAPTER C. MARITAL PROPERTY LIABILITIES
25-20 Sec. 3.201. SPOUSAL LIABILITY. (a) A person is personally
25-21 liable for the acts of the person's spouse only if:
25-22 (1) the spouse acts as an agent for the person; or
25-23 (2) the spouse incurs a debt for necessaries as
25-24 provided by Subchapter F, Chapter 2.
25-25 (b) Except as provided by this subchapter, community
25-26 property is not subject to a liability that arises from an act of a
25-27 spouse.
26-1 (c) A spouse does not act as an agent for the other spouse
26-2 solely because of the marriage relationship.
26-3 Sec. 3.202. RULES OF MARITAL PROPERTY LIABILITY. (a) A
26-4 spouse's separate property is not subject to liabilities of the
26-5 other spouse unless both spouses are liable by other rules of law.
26-6 (b) Unless both spouses are personally liable as provided by
26-7 this subchapter, the community property subject to a spouse's sole
26-8 management, control, and disposition is not subject to:
26-9 (1) any liabilities that the other spouse incurred
26-10 before marriage; or
26-11 (2) any nontortious liabilities that the other spouse
26-12 incurs during marriage.
26-13 (c) The community property subject to a spouse's sole or
26-14 joint management, control, and disposition is subject to the
26-15 liabilities incurred by the spouse before or during marriage.
26-16 (d) All community property is subject to tortious liability
26-17 of either spouse incurred during marriage.
26-18 Sec. 3.203. ORDER IN WHICH PROPERTY IS SUBJECT TO EXECUTION.
26-19 (a) A judge may determine, as deemed just and equitable, the order
26-20 in which particular separate or community property is subject to
26-21 execution and sale to satisfy a judgment, if the property subject
26-22 to liability for a judgment includes any combination of:
26-23 (1) a spouse's separate property;
26-24 (2) community property subject to a spouse's sole
26-25 management, control, and disposition;
26-26 (3) community property subject to the other spouse's
26-27 sole management, control, and disposition; and
27-1 (4) community property subject to the spouses' joint
27-2 management, control, and disposition.
27-3 (b) In determining the order in which particular property is
27-4 subject to execution and sale, the judge shall consider the facts
27-5 surrounding the transaction or occurrence on which the suit is
27-6 based.
27-7 (Sections 3.204-3.300 reserved for expansion)
27-8 SUBCHAPTER D. MANAGEMENT, CONTROL, AND DISPOSITION OF
27-9 MARITAL PROPERTY UNDER UNUSUAL CIRCUMSTANCES
27-10 Sec. 3.301. INCAPACITATED, MISSING, ABANDONED, OR SEPARATED
27-11 SPOUSE. (a) A spouse may file a sworn petition stating the facts
27-12 that make it desirable for the petitioning spouse to manage,
27-13 control, and dispose of community property described or defined in
27-14 the petition that would otherwise be subject to the sole or joint
27-15 management, control, and disposition of the other spouse if:
27-16 (1) because of physical or mental incapacity, the
27-17 other spouse is unable to manage, control, or dispose of the
27-18 community property subject to that spouse's sole or joint
27-19 management, control, and disposition;
27-20 (2) the other spouse has disappeared and that spouse's
27-21 location remains unknown to the petitioning spouse, unless the
27-22 spouse is reported to be a prisoner of war or missing on public
27-23 service;
27-24 (3) the other spouse has permanently abandoned the
27-25 petitioning spouse; or
27-26 (4) the spouses are permanently separated.
27-27 (b) The petition may be filed in a court in the county in
28-1 which the petitioner resided at the time the incapacity or
28-2 separation began, or the abandonment or disappearance occurred, not
28-3 earlier than the 60th day after the date of the occurrence of the
28-4 event. If both spouses are nonresidents of this state at the time
28-5 the petition is filed, the petition may be filed in a court in a
28-6 county in which any part of the described or defined community
28-7 property is located.
28-8 Sec. 3.302. SPOUSE MISSING ON PUBLIC SERVICE. (a) If a
28-9 spouse is reported by an executive department of the United States
28-10 to be a prisoner of war or missing on the public service of the
28-11 United States, the spouse of the prisoner of war or missing person
28-12 may file a sworn petition stating the facts that make it desirable
28-13 for the petitioner to manage, control, and dispose of the community
28-14 property described or defined in the petition that would otherwise
28-15 be subject to the sole or joint management, control, and
28-16 disposition of the imprisoned or missing spouse.
28-17 (b) The petition may be filed in a court in the county in
28-18 which the petitioner resided at the time the report was made not
28-19 earlier than six months after the date of the notice that a spouse
28-20 is reported to be a prisoner of war or missing on public service.
28-21 If both spouses were nonresidents of this state at the time the
28-22 report was made, the petition shall be filed in a court in a county
28-23 in which any part of the described or defined property is located.
28-24 Sec. 3.303. APPOINTMENT OF ATTORNEY. (a) Except as
28-25 provided by Subsection (b), the court may appoint an attorney in a
28-26 suit filed under this subchapter for the respondent.
28-27 (b) The court shall appoint an attorney in a suit filed
29-1 under this subchapter for a respondent reported to be a prisoner of
29-2 war or missing on public service.
29-3 (c) The court shall allow a reasonable fee for an appointed
29-4 attorney's services as a part of the costs of the suit.
29-5 Sec. 3.304. NOTICE OF HEARING; CITATION. (a) Notice of the
29-6 hearing, accompanied by a copy of the petition, shall be issued and
29-7 served on the attorney representing the respondent, if an attorney
29-8 has been appointed.
29-9 (b) If an attorney has not been appointed for the
29-10 respondent, citation shall be issued and served on the respondent
29-11 as in other civil cases.
29-12 Sec. 3.305. CITATION BY PUBLICATION. (a) If the residence
29-13 of the respondent, other than a respondent reported to be a
29-14 prisoner of war or missing on public service, is unknown, citation
29-15 shall be published in a newspaper of general circulation published
29-16 in the county in which the petition was filed. If that county has
29-17 no newspaper of general circulation, citation shall be published in
29-18 a newspaper of general circulation in an adjacent county or in the
29-19 nearest county in which a newspaper of general circulation is
29-20 published.
29-21 (b) The notice shall be published once a week for two
29-22 consecutive weeks before the hearing, but the first notice may not
29-23 be published after the 20th day before the date set for the
29-24 hearing.
29-25 Sec. 3.306. COURT ORDER FOR MANAGEMENT, CONTROL, AND
29-26 DISPOSITION OF COMMUNITY PROPERTY. (a) After hearing the evidence
29-27 in a suit under this subchapter, the court, on terms the court
30-1 considers just and equitable, shall render an order describing or
30-2 defining the community property at issue that will be subject to
30-3 the management, control, and disposition of each spouse during
30-4 marriage.
30-5 (b) The court may:
30-6 (1) impose any condition and restriction the court
30-7 deems necessary to protect the rights of the respondent;
30-8 (2) require a bond conditioned on the faithful
30-9 administration of the property; and
30-10 (3) require payment to the registry of the court of
30-11 all or a portion of the proceeds of the sale of the property, to be
30-12 disbursed in accordance with the court's further directions.
30-13 Sec. 3.307. CONTINUING JURISDICTION OF COURT; VACATING
30-14 ORIGINAL ORDER. (a) The court has continuing jurisdiction over
30-15 the court's order rendered under this subchapter.
30-16 (b) On the motion of either spouse, the court shall amend or
30-17 vacate the original order after notice and hearing if:
30-18 (1) the incapacitated spouse's capacity is restored;
30-19 (2) the spouse who disappeared reappears;
30-20 (3) the abandonment or permanent separation ends; or
30-21 (4) the spouse who was reported to be a prisoner of
30-22 war or missing on public service returns.
30-23 Sec. 3.308. RECORDING ORDER TO AFFECT REAL PROPERTY. An
30-24 order authorized by this subchapter affecting real property is not
30-25 constructive notice to a good faith purchaser for value or to a
30-26 creditor without actual notice unless the order is recorded in the
30-27 deed records of the county in which the real property is located.
31-1 Sec. 3.309. REMEDIES CUMULATIVE. The remedies provided in
31-2 this subchapter are cumulative of other rights, powers, and
31-3 remedies afforded spouses by law.
31-4 CHAPTER 4. PREMARITAL AND MARITAL PROPERTY AGREEMENTS
31-5 Sec. 4.001. DEFINITIONS. In this subchapter:
31-6 (1) "Premarital agreement" means an agreement between
31-7 prospective spouses made in contemplation of marriage and to be
31-8 effective on marriage.
31-9 (2) "Property" means an interest, present or future,
31-10 legal or equitable, vested or contingent, in real or personal
31-11 property, including income and earnings.
31-12 Sec. 4.002. Formalities. A premarital agreement must be in
31-13 writing and signed by both parties. The agreement is enforceable
31-14 without consideration.
31-15 Sec. 4.003. Content. (a) The parties to a premarital
31-16 agreement may contract with respect to:
31-17 (1) the rights and obligations of each of the parties
31-18 in any of the property of either or both of them whenever and
31-19 wherever acquired or located;
31-20 (2) the right to buy, sell, use, transfer, exchange,
31-21 abandon, lease, consume, expend, assign, create a security interest
31-22 in, mortgage, encumber, dispose of, or otherwise manage and control
31-23 property;
31-24 (3) the disposition of property on separation, marital
31-25 dissolution, death, or the occurrence or nonoccurrence of any other
31-26 event;
32-1 (4) the modification or elimination of spousal
32-2 support;
32-3 (5) the making of a will, trust, or other arrangement
32-4 to carry out the provisions of the agreement;
32-5 (6) the ownership rights in and disposition of the
32-6 death benefit from a life insurance policy;
32-7 (7) the choice of law governing the construction of
32-8 the agreement; and
32-9 (8) any other matter, including their personal rights
32-10 and obligations, not in violation of public policy or a statute
32-11 imposing a criminal penalty.
32-12 (b) The right of a child to support may not be adversely
32-13 affected by a premarital agreement.
32-14 Sec. 4.004. Effect of Marriage. A premarital agreement
32-15 becomes effective on marriage.
32-16 Sec. 4.005. Amendment Or Revocation. After marriage, a
32-17 premarital agreement may be amended or revoked only by a written
32-18 agreement signed by the parties. The amended agreement or the
32-19 revocation is enforceable without consideration.
32-20 Sec. 4.006. Enforcement. (a) A premarital agreement is not
32-21 enforceable if the party against whom enforcement is requested
32-22 proves that:
32-23 (1) the party did not sign the agreement voluntarily;
32-24 or
32-25 (2) the agreement was unconscionable when it was
32-26 signed and, before signing the agreement, that party:
32-27 (A) was not provided a fair and reasonable
33-1 disclosure of the property or financial obligations of the other
33-2 party;
33-3 (B) did not voluntarily and expressly waive, in
33-4 writing, any right to disclosure of the property or financial
33-5 obligations of the other party beyond the disclosure provided; and
33-6 (C) did not have, or reasonably could not have
33-7 had, adequate knowledge of the property or financial obligations of
33-8 the other party.
33-9 (b) An issue of unconscionability of a premarital agreement
33-10 shall be decided by the court as a matter of law.
33-11 (c) The remedies and defenses in this section are the
33-12 exclusive remedies or defenses, including common law remedies or
33-13 defenses.
33-14 Sec. 4.007. Enforcement: Void Marriage. If a marriage is
33-15 determined to be void, an agreement that would otherwise have been
33-16 a premarital agreement is enforceable only to the extent necessary
33-17 to avoid an inequitable result.
33-18 Sec. 4.008. Limitation of Actions. A statute of limitations
33-19 applicable to an action asserting a claim for relief under a
33-20 premarital agreement is tolled during the marriage of the parties
33-21 to the agreement. However, equitable defenses limiting the time
33-22 for enforcement, including laches and estoppel, are available to
33-23 either party.
33-24 Sec. 4.009. Application and Construction. This subchapter
33-25 shall be applied and construed to effect its general purpose to
33-26 make uniform the law with respect to the subject of this subchapter
33-27 among states enacting these provisions.
34-1 Sec. 4.010. Short Title. This subchapter may be cited as
34-2 the Uniform Premarital Agreement Act.
34-3 (Sections 4.011-4.100 reserved for expansion)
34-4 SUBCHAPTER B. MARITAL PROPERTY AGREEMENT
34-5 Sec. 4.101. DEFINITION. In this subchapter, "property" has
34-6 the meaning assigned by Section 4.001.
34-7 Sec. 4.102. Partition or Exchange of Community Property. At
34-8 any time, the spouses may partition or exchange between themselves
34-9 any part of their community property, then existing or to be
34-10 acquired, as the spouses may desire. Property or a property
34-11 interest transferred to a spouse by a partition or exchange
34-12 agreement becomes that spouse's separate property.
34-13 Sec. 4.103. Agreement Between Spouses Concerning Income or
34-14 Property From Separate Property. At any time, the spouses may
34-15 agree that the income or property arising from the separate
34-16 property that is then owned by one of them, or that may thereafter
34-17 be acquired, shall be the separate property of the owner.
34-18 Sec. 4.104. Formalities. A partition or exchange agreement
34-19 must be in writing and signed by both parties.
34-20 Sec. 4.105. Enforcement. (a) A partition or exchange
34-21 agreement is not enforceable if the party against whom enforcement
34-22 is requested proves that:
34-23 (1) the party did not sign the agreement voluntarily;
34-24 or
34-25 (2) the agreement was unconscionable when it was
34-26 signed and, before execution of the agreement, that party:
34-27 (A) was not provided a fair and reasonable
35-1 disclosure of the property or financial obligations of the other
35-2 party;
35-3 (B) did not voluntarily and expressly waive, in
35-4 writing, any right to disclosure of the property or financial
35-5 obligations of the other party beyond the disclosure provided; and
35-6 (C) did not have, or reasonably could not have
35-7 had, adequate knowledge of the property or financial obligations of
35-8 the other party.
35-9 (b) An issue of unconscionability of a partition or exchange
35-10 agreement shall be decided by the court as a matter of law.
35-11 (c) The remedies and defenses in this section are the
35-12 exclusive remedies or defenses, including common law remedies or
35-13 defenses.
35-14 Sec. 4.106. RIGHTS OF CREDITORS AND RECORDATION UNDER
35-15 PARTITION OR EXCHANGE AGREEMENT. (a) A provision of a partition
35-16 or exchange agreement made under this subchapter is void with
35-17 respect to the rights of a preexisting creditor whose rights are
35-18 intended to be defrauded by it.
35-19 (b) A partition or exchange agreement made under this
35-20 subchapter may be recorded in the deed records of the county in
35-21 which a party resides and in the county in which the real property
35-22 affected is located. An agreement made under this subchapter is
35-23 constructive notice to a good faith purchaser for value or a
35-24 creditor without actual notice only if the instrument is
35-25 acknowledged and recorded in the county in which the real property
35-26 is located.
35-27 CHAPTER 5. HOMESTEAD RIGHTS
36-1 SUBCHAPTER A. SALE OF HOMESTEAD; GENERAL RULE
36-2 Sec. 5.001. SALE, CONVEYANCE, OR ENCUMBRANCE OF HOMESTEAD.
36-3 Whether the homestead is the separate property of either spouse or
36-4 community property, neither spouse may sell, convey, or encumber
36-5 the homestead without the joinder of the other spouse except as
36-6 provided in this chapter or by other rules of law.
36-7 Sec. 5.002. SALE OF HOMESTEAD FOR INCAPACITATED SPOUSE. If
36-8 the homestead is the separate property of a spouse and the other
36-9 spouse has been judicially declared incapacitated, the owner may
36-10 sell, convey, or encumber the homestead without the joinder of the
36-11 other spouse.
36-12 (Sections 5.003-5.100 reserved for expansion)
36-13 SUBCHAPTER B. SALE OF HOMESTEAD UNDER UNUSUAL CIRCUMSTANCES
36-14 Sec. 5.101. SALE OF SEPARATE HOMESTEAD UNDER UNUSUAL
36-15 CIRCUMSTANCES. If the homestead is the separate property of a
36-16 spouse, that spouse may file a sworn petition that gives a
36-17 description of the property, states the facts that make it
36-18 desirable for the spouse to sell, convey, or encumber the homestead
36-19 without the joinder of the other spouse, and alleges that the other
36-20 spouse:
36-21 (1) is incapacitated, whether judicially declared
36-22 incapacitated or not;
36-23 (2) has disappeared and that the location of the
36-24 spouse remains unknown to the petitioning spouse;
36-25 (3) has permanently abandoned the homestead and the
36-26 petitioning spouse;
36-27 (4) has permanently abandoned the homestead and the
37-1 spouses are permanently separated; or
37-2 (5) has been reported by an executive department of
37-3 the United States to be a prisoner of war or missing on public
37-4 service of the United States.
37-5 Sec. 5.102. SALE OF COMMUNITY HOMESTEAD UNDER UNUSUAL
37-6 CIRCUMSTANCES. If the homestead is the community property of the
37-7 spouses, one spouse may file a sworn petition that gives a
37-8 description of the property, states the facts that make it
37-9 desirable for the petitioning spouse to sell, convey, or encumber
37-10 the homestead without the joinder of the other spouse, and alleges
37-11 that the other spouse:
37-12 (1) is incapacitated, whether judicially declared
37-13 incapacitated or not;
37-14 (2) has disappeared and that the location of the
37-15 spouse remains unknown to the petitioning spouse;
37-16 (3) has permanently abandoned the homestead and the
37-17 petitioning spouse;
37-18 (4) has permanently abandoned the homestead and the
37-19 spouses are permanently separated; or
37-20 (5) has been reported by an executive department of
37-21 the United States to be a prisoner of war or missing on public
37-22 service of the United States.
37-23 Sec. 5.103. TIME FOR FILING PETITION. The petitioning
37-24 spouse may file the petition in a court of the county in which any
37-25 portion of the property is located not earlier than the 60th day
37-26 after the date of the occurrence of an event described by Sections
37-27 5.101(1)-(4) and 5.102(1)-(4) or not less than six months after the
38-1 date the other spouse has been reported to be a prisoner of war or
38-2 missing on public service.
38-3 Sec. 5.104. APPOINTMENT OF ATTORNEY. (a) Except as
38-4 provided by Subsection (b), the court may appoint an attorney in a
38-5 suit filed under this subchapter for the respondent.
38-6 (b) The court shall appoint an attorney in a suit filed
38-7 under this subchapter for a respondent reported to be a prisoner of
38-8 war or missing on public service.
38-9 (c) The court shall allow a reasonable fee for the appointed
38-10 attorney's services as a part of the costs of the suit.
38-11 Sec. 5.105. CITATION; NOTICE OF HEARING. Citation and
38-12 notice of hearing for a suit filed as provided by this subchapter
38-13 shall be issued and served in the manner provided in Subchapter D,
38-14 Chapter 3.
38-15 Sec. 5.106. COURT ORDER. (a) After notice and hearing, the
38-16 court shall render an order the court deems just and equitable with
38-17 respect to the sale, conveyance, or encumbrance of a separate
38-18 property homestead.
38-19 (b) After hearing the evidence, the court, on terms the
38-20 court deems just and equitable, shall render an order describing or
38-21 defining the community property at issue that will be subject to
38-22 the management, control, and disposition of each spouse during
38-23 marriage.
38-24 (c) The court may:
38-25 (1) impose any conditions and restrictions the court
38-26 deems necessary to protect the rights of the respondent;
38-27 (2) require a bond conditioned on the faithful
39-1 administration of the property; and
39-2 (3) require payment to the registry of the court of
39-3 all or a portion of the proceeds of the sale of the property to be
39-4 disbursed in accordance with the court's further directions.
39-5 Sec. 5.107. SALE OF COMMUNITY HOMESTEAD FOR SPOUSE
39-6 JUDICIALLY DECLARED INCAPACITATED. If the homestead is the
39-7 community property of the spouses and one spouse has been
39-8 judicially declared incapacitated, the competent spouse may sell,
39-9 convey, or encumber the homestead without the joinder of the other
39-10 spouse.
39-11 Sec. 5.108. REMEDIES AND POWERS CUMULATIVE. The remedies
39-12 and the powers of a spouse provided by this subchapter are
39-13 cumulative of the other rights, powers, and remedies afforded the
39-14 spouses by law.
39-15 SUBTITLE C. DISSOLUTION OF MARRIAGE
39-16 CHAPTER 6. SUIT FOR DISSOLUTION OF MARRIAGE
39-17 SUBCHAPTER A. GROUNDS FOR DIVORCE AND DEFENSES
39-18 Sec. 6.001. INSUPPORTABILITY. On the petition of either
39-19 party to a marriage, the court may grant a divorce without regard
39-20 to fault if the marriage has become insupportable because of
39-21 discord or conflict of personalities that destroys the legitimate
39-22 ends of the marital relationship and prevents any reasonable
39-23 expectation of reconciliation.
39-24 Sec. 6.002. CRUELTY. The court may grant a divorce in favor
39-25 of one spouse if the other spouse is guilty of cruel treatment
39-26 toward the complaining spouse of a nature that renders further
39-27 living together insupportable.
40-1 Sec. 6.003. ADULTERY. The court may grant a divorce in
40-2 favor of one spouse if the other spouse has committed adultery.
40-3 Sec. 6.004. CONVICTION OF FELONY. (a) The court may grant
40-4 a divorce in favor of one spouse if during the marriage the other
40-5 spouse:
40-6 (1) has been convicted of a felony;
40-7 (2) has been imprisoned for at least one year in the
40-8 state penitentiary, a federal penitentiary, or the penitentiary of
40-9 another state; and
40-10 (3) has not been pardoned.
40-11 (b) The court may not grant a divorce under this section
40-12 against a spouse who was convicted on the testimony of the other
40-13 spouse.
40-14 Sec. 6.005. ABANDONMENT. The court may grant a divorce in
40-15 favor of one spouse if the other spouse:
40-16 (1) left the complaining spouse with the intention of
40-17 abandonment; and
40-18 (2) remained away for at least one year.
40-19 Sec. 6.006. LIVING APART. The court may grant a divorce in
40-20 favor of either spouse if the spouses have lived apart without
40-21 cohabitation for at least three years.
40-22 Sec. 6.007. CONFINEMENT IN MENTAL HOSPITAL. The court may
40-23 grant a divorce in favor of one spouse if at the time the suit is
40-24 filed:
40-25 (1) the other spouse has been confined in a state
40-26 mental or private hospital, as defined in Section 571.003, Health
40-27 and Safety Code, in this state or another state for at least three
41-1 years; and
41-2 (2) it appears that the hospitalized spouse's mental
41-3 disorder is of such a degree and nature that adjustment is unlikely
41-4 or that, if adjustment occurs, a relapse is probable.
41-5 Sec. 6.008. DEFENSES. (a) The defenses to a suit for
41-6 divorce of recrimination and adultery are abolished.
41-7 (b) Condonation is a defense to a suit for divorce only if
41-8 the court finds that there is a reasonable expectation of
41-9 reconciliation.
41-10 (Sections 6.009-6.100 reserved for expansion)
41-11 SUBCHAPTER B. GROUNDS FOR ANNULMENT
41-12 Sec. 6.101. ANNULMENT OF MARRIAGE OF PERSON UNDER AGE 14.
41-13 (a) The court may grant an annulment of a licensed or informal
41-14 marriage of a person under 14 years of age unless a court order has
41-15 been obtained as provided in Subchapter B, Chapter 2.
41-16 (b) A petition for annulment under this section may be filed
41-17 by a next friend for the benefit of a person under 14 years of age
41-18 or on the petition of the parent or the judicially designated
41-19 managing conservator or guardian, whether an individual, authorized
41-20 agency, or court, of the person.
41-21 (c) A suit by a parent, managing conservator, or guardian of
41-22 the person may be brought at any time before the person is 14 years
41-23 of age.
41-24 (d) A suit under this section to annul the marriage of a
41-25 person 14 years of age or older that was entered into before the
41-26 person was 14 years of age is barred unless the suit is filed
41-27 within the later of:
42-1 (1) 90 days after the date the petitioner knew or
42-2 should have known of the marriage; or
42-3 (2) 90 days after the date of the 14th birthday of the
42-4 underage party.
42-5 Sec. 6.102. ANNULMENT OF MARRIAGE OF PERSON UNDER AGE 18.
42-6 (a) The court may grant an annulment of a licensed or informal
42-7 marriage of a person 14 years of age or older but under 18 years of
42-8 age that occurred without parental consent or without a court order
42-9 as provided by Subchapters B and E, Chapter 2.
42-10 (b) A petition for annulment under this section may be filed
42-11 by:
42-12 (1) a next friend for the benefit of the underage
42-13 party;
42-14 (2) a parent; or
42-15 (3) the judicially designated managing conservator or
42-16 guardian of the person of the underage party, whether an
42-17 individual, authorized agency, or court.
42-18 (c) A suit filed under this subsection by a next friend is
42-19 barred unless it is filed within 90 days after the date of the
42-20 marriage.
42-21 Sec. 6.103. UNDERAGE ANNULMENT BARRED BY ADULTHOOD. A suit
42-22 to annul a marriage may not be filed under Section 6.101 or 6.102
42-23 by a parent, managing conservator, or guardian of a person after
42-24 the 18th birthday of the person.
42-25 Sec. 6.104. DISCRETIONARY ANNULMENT OF UNDERAGE MARRIAGE.
42-26 (a) An annulment under Section 6.101 or 6.102 of a marriage may be
42-27 granted at the discretion of the court sitting without a jury.
43-1 (b) In exercising its discretion, the court shall consider
43-2 the pertinent facts concerning the welfare of the parties to the
43-3 marriage, including whether the female is pregnant.
43-4 Sec. 6.105. UNDER INFLUENCE OF ALCOHOL OR NARCOTICS. The
43-5 court may grant an annulment of a marriage to a party to the
43-6 marriage if:
43-7 (1) at the time of the marriage the petitioner was
43-8 under the influence of alcoholic beverages or narcotics and as a
43-9 result did not have the capacity to consent to the marriage; and
43-10 (2) the petitioner has not voluntarily cohabited with
43-11 the other party to the marriage since the effects of the alcoholic
43-12 beverages or narcotics ended.
43-13 Sec. 6.106. IMPOTENCY. The court may grant an annulment of
43-14 a marriage to a party to the marriage if:
43-15 (1) either party, for physical or mental reasons, was
43-16 permanently impotent at the time of the marriage;
43-17 (2) the petitioner did not know of the impotency at
43-18 the time of the marriage; and
43-19 (3) the petitioner has not voluntarily cohabited with
43-20 the other party since learning of the impotency.
43-21 Sec. 6.107. FRAUD, DURESS, OR FORCE. The court may grant an
43-22 annulment of a marriage to a party to the marriage if:
43-23 (1) the other party used fraud, duress, or force to
43-24 induce the petitioner to enter into the marriage; and
43-25 (2) the petitioner has not voluntarily cohabited with
43-26 the other party since learning of the fraud or since being released
43-27 from the duress or force.
44-1 Sec. 6.108. MENTAL INCAPACITY. (a) The court may grant an
44-2 annulment of a marriage to a party to the marriage on the suit of
44-3 the party or the party's guardian or next friend, if the court
44-4 finds it to be in the party's best interest to be represented by a
44-5 guardian or next friend, if:
44-6 (1) at the time of the marriage the petitioner did not
44-7 have the mental capacity to consent to marriage or to understand
44-8 the nature of the marriage ceremony because of a mental disease or
44-9 defect; and
44-10 (2) since the marriage ceremony, the petitioner has
44-11 not voluntarily cohabited with the other party during a period when
44-12 the petitioner possessed the mental capacity to recognize the
44-13 marriage relationship.
44-14 (b) The court may grant an annulment of a marriage to a
44-15 party to the marriage if:
44-16 (1) at the time of the marriage the other party did
44-17 not have the mental capacity to consent to marriage or to
44-18 understand the nature of the marriage ceremony because of a mental
44-19 disease or defect;
44-20 (2) at the time of the marriage the petitioner neither
44-21 knew nor reasonably should have known of the mental disease or
44-22 defect; and
44-23 (3) since the date the petitioner discovered or
44-24 reasonably should have discovered the mental disease or defect, the
44-25 petitioner has not voluntarily cohabited with the other party.
44-26 Sec. 6.109. CONCEALED DIVORCE. (a) The court may grant an
44-27 annulment of a marriage to a party to the marriage if:
45-1 (1) the other party was divorced from a third party
45-2 within the 30-day period preceding the date of the marriage
45-3 ceremony;
45-4 (2) at the time of the marriage ceremony the
45-5 petitioner did not know, and a reasonably prudent person would not
45-6 have known, of the divorce; and
45-7 (3) since the petitioner discovered or a reasonably
45-8 prudent person would have discovered the fact of the divorce, the
45-9 petitioner has not voluntarily cohabited with the other party.
45-10 (b) A suit may not be brought under this section after the
45-11 first anniversary of the date of the marriage.
45-12 Sec. 6.110. MARRIAGE LESS THAN 72 HOURS AFTER ISSUANCE OF
45-13 LICENSE. (a) The court may grant an annulment of a marriage to a
45-14 party to the marriage if the marriage ceremony took place in
45-15 violation of Section 2.204 during the 72-hour period immediately
45-16 following the issuance of the marriage license.
45-17 (b) A suit may not be brought under this section after the
45-18 30th day after the date of the marriage.
45-19 Sec. 6.111. DEATH OF PARTY TO VOIDABLE MARRIAGE. A marriage
45-20 subject to annulment may not be challenged in a proceeding
45-21 instituted after the death of either party to the marriage.
45-22 (Sections 6.112-6.200 reserved for expansion)
45-23 SUBCHAPTER C. DECLARING A MARRIAGE VOID
45-24 Sec. 6.201. CONSANGUINITY. A marriage is void if one party
45-25 to the marriage is related to the other as:
45-26 (1) an ancestor or descendant, by blood or adoption;
45-27 (2) a brother or sister, of the whole or half blood or
46-1 by adoption;
46-2 (3) a parent's brother or sister, of the whole or half
46-3 blood or by adoption; or
46-4 (4) a son or daughter of a brother or sister, of the
46-5 whole or half blood or by adoption.
46-6 Sec. 6.202. MARRIAGE DURING EXISTENCE OF PRIOR MARRIAGE.
46-7 (a) A marriage is void if entered into when either party has an
46-8 existing marriage to another person that has not been dissolved by
46-9 legal action or terminated by the death of the other spouse.
46-10 (b) The later marriage that is void under this section
46-11 becomes valid when the prior marriage is dissolved if, after the
46-12 date of the dissolution, the parties have lived together as husband
46-13 and wife and represented themselves to others as being married.
46-14 Sec. 6.203. CERTAIN VOID MARRIAGES VALIDATED. Except for a
46-15 marriage that would have been void under Section 6.201, a marriage
46-16 that was entered into before January 1, 1970, in violation of the
46-17 prohibitions of Article 496, Penal Code of Texas, 1925, is
46-18 validated from the date the marriage commenced if the parties
46-19 continued until January 1, 1970, to live together as husband and
46-20 wife and to represent themselves to others as being married.
46-21 (Sections 6.204-6.300 reserved for expansion)
46-22 SUBCHAPTER D. JURISDICTION, VENUE, AND RESIDENCE QUALIFICATIONS
46-23 Sec. 6.301. GENERAL RESIDENCY RULE FOR DIVORCE SUIT. A suit
46-24 for divorce may not be maintained in this state unless at the time
46-25 the suit is filed either the petitioner or the respondent has been:
46-26 (1) a domiciliary of this state for the preceding
46-27 six-month period; and
47-1 (2) a resident of the county in which the suit is
47-2 filed for the preceding 90-day period.
47-3 Sec. 6.302. SUIT FOR DIVORCE BY NONRESIDENT SPOUSE. If one
47-4 spouse has been a domiciliary of this state for at least the last
47-5 six months, a spouse domiciled in another state or nation may file
47-6 a suit for divorce in the county in which the domiciliary spouse
47-7 resides at the time the petition is filed.
47-8 Sec. 6.303. ABSENCE ON PUBLIC SERVICE. Time spent by a
47-9 Texas domiciliary outside this state or outside the county of
47-10 residence of the domiciliary while in the service of the armed
47-11 forces or other service of the United States or of this state is
47-12 considered residence in this state and in that county.
47-13 Sec. 6.304. ARMED FORCES PERSONNEL NOT PREVIOUSLY RESIDENTS.
47-14 A person not previously a resident of this state who is serving in
47-15 the armed forces of the United States and has been stationed at one
47-16 or more military installations in this state for at least the last
47-17 six months and at a military installation in a county of this state
47-18 for at least the last 90 days is considered to be a Texas
47-19 domiciliary and a resident of that county for those periods for the
47-20 purpose of filing suit for dissolution of a marriage.
47-21 Sec. 6.305. ACQUIRING JURISDICTION OVER NONRESIDENT
47-22 RESPONDENT. (a) If the petitioner in a suit for dissolution of a
47-23 marriage is a resident or a domiciliary of this state at the time
47-24 the suit for dissolution is filed, the court may exercise personal
47-25 jurisdiction over the respondent or over the respondent's personal
47-26 representative although the respondent is not a resident of this
47-27 state if:
48-1 (1) this state is the last marital residence of the
48-2 petitioner and the respondent and the suit is filed before the
48-3 second anniversary of the date on which marital residence ended; or
48-4 (2) there is any basis consistent with the
48-5 constitutions of this state and the United States for the exercise
48-6 of the personal jurisdiction.
48-7 (b) A court acquiring jurisdiction under this section also
48-8 acquires jurisdiction over the respondent in a suit affecting the
48-9 parent-child relationship.
48-10 Sec. 6.306. JURISDICTION TO ANNUL MARRIAGE. (a) A suit for
48-11 annulment of a marriage may be maintained in this state only if the
48-12 parties were married in this state or if either party is domiciled
48-13 in this state.
48-14 (b) A suit for annulment is a suit in rem, affecting the
48-15 status of the parties to the marriage.
48-16 Sec. 6.307. JURISDICTION TO DECLARE MARRIAGE VOID. (a)
48-17 Either party to a marriage made void by this chapter may sue to
48-18 have the marriage declared void, or the court may declare the
48-19 marriage void in a collateral proceeding.
48-20 (b) The court may declare a marriage void only if:
48-21 (1) the purported marriage was contracted in this
48-22 state; or
48-23 (2) either party is domiciled in this state.
48-24 (c) A suit to have a marriage declared void is a suit in
48-25 rem, affecting the status of the parties to the purported marriage.
48-26 Sec. 6.308. EXERCISING PARTIAL JURISDICTION. (a) A court
48-27 in which a suit for dissolution of a marriage is filed may exercise
49-1 its jurisdiction over those portions of the suit for which it has
49-2 authority.
49-3 (b) The court's authority to resolve the issues in
49-4 controversy between the parties may be restricted because the court
49-5 lacks:
49-6 (1) the required personal jurisdiction over a
49-7 nonresident party in a suit for dissolution of the marriage;
49-8 (2) the required jurisdiction under Chapter 152; or
49-9 (3) the required jurisdiction under Chapter 159.
49-10 (Sections 6.309-6.400 reserved for expansion)
49-11 SUBCHAPTER E. FILING SUIT
49-12 Sec. 6.401. CAPTION. (a) Pleadings in a suit for divorce
49-13 or annulment shall be styled "In the Matter of the Marriage
49-14 of ________ and ________."
49-15 (b) Pleadings in a suit to declare a marriage void shall be
49-16 styled "A Suit To Declare Void the Marriage
49-17 of __________ and __________."
49-18 Sec. 6.402. PLEADINGS. (a) A petition in a suit for
49-19 dissolution of a marriage is sufficient without the necessity of
49-20 specifying the underlying evidentiary facts if the petition alleges
49-21 the grounds relied on substantially in the language of the statute.
49-22 (b) Allegations of grounds for relief, matters of defense,
49-23 or facts relied on for a temporary order that are stated in short
49-24 and plain terms are not subject to special exceptions because of
49-25 form or sufficiency.
49-26 (c) The court shall strike an allegation of evidentiary fact
49-27 from the pleadings on the motion of a party or on the court's own
50-1 motion.
50-2 Sec. 6.403. ANSWER. The respondent in a suit for
50-3 dissolution of a marriage is not required to answer on oath or
50-4 affirmation.
50-5 Sec. 6.404. STATEMENT ON ALTERNATE DISPUTE RESOLUTION. (a)
50-6 A party to a proceeding under this title shall include in the first
50-7 pleading filed by the party in the proceeding the following
50-8 statement:
50-9 "I AM AWARE THAT IT IS THE POLICY OF THE STATE OF TEXAS TO
50-10 PROMOTE THE AMICABLE AND NONJUDICIAL SETTLEMENT OF DISPUTES
50-11 INVOLVING CHILDREN AND FAMILIES. I AM AWARE OF ALTERNATIVE DISPUTE
50-12 RESOLUTION METHODS, INCLUDING MEDIATION. WHILE I RECOGNIZE THAT
50-13 ALTERNATIVE DISPUTE RESOLUTION IS AN ALTERNATIVE TO AND NOT A
50-14 SUBSTITUTE FOR A TRIAL AND THAT THIS CASE MAY BE TRIED IF IT IS NOT
50-15 SETTLED, I REPRESENT TO THE COURT THAT I WILL ATTEMPT IN GOOD FAITH
50-16 TO RESOLVE CONTESTED ISSUES IN THIS CASE BY ALTERNATIVE DISPUTE
50-17 RESOLUTION WITHOUT THE NECESSITY OF COURT INTERVENTION."
50-18 (b) The statement prescribed by Subsection (a) must be
50-19 printed in boldfaced type or capital letters and signed by the
50-20 party.
50-21 (c) The statement prescribed by Subsection (a) is not
50-22 required for:
50-23 (1) a pleading in which citation on all respondents
50-24 entitled to service of citation is requested, issued, and given by
50-25 publication;
50-26 (2) a motion or pleading that seeks a protective order
50-27 as provided by Chapter 71; or
51-1 (3) a special appearance under Rule 120a, Texas Rules
51-2 of Civil Procedure.
51-3 Sec. 6.405. PROTECTIVE ORDER. (a) The petition in a suit
51-4 for dissolution of a marriage must state whether a protective order
51-5 under Chapter 71 is in effect or if an application for a protective
51-6 order is pending with regard to the parties to the suit.
51-7 (b) The petitioner shall attach to the petition a copy of
51-8 each protective order issued under Chapter 71 in which one of the
51-9 parties to the suit was the applicant and the other party was the
51-10 respondent without regard to the date of the order. If a copy of
51-11 the protective order is not available at the time of filing, the
51-12 petition must state that a copy of the order will be filed with the
51-13 court before any hearing.
51-14 Sec. 6.406. MANDATORY JOINDER OF SUIT AFFECTING PARENT-CHILD
51-15 RELATIONSHIP. (a) The petition in a suit for dissolution of a
51-16 marriage shall state whether there are children born or adopted of
51-17 the marriage who are under 18 years of age or who are otherwise
51-18 entitled to support as provided by Chapter 154.
51-19 (b) If the parties are parents of a child, as defined by
51-20 Section 101.003, and the child is not under the continuing
51-21 jurisdiction of another court as provided by Chapter 155, the suit
51-22 for dissolution of a marriage must include a suit affecting the
51-23 parent-child relationship under Title 5.
51-24 Sec. 6.407. TRANSFER OF SUIT AFFECTING PARENT-CHILD
51-25 RELATIONSHIP TO DIVORCE COURT. (a) If a suit affecting the
51-26 parent-child relationship is pending at the time the suit for
51-27 dissolution of a marriage is filed, the suit affecting the
52-1 parent-child relationship shall be transferred as provided by
52-2 Section 103.002 to the court in which the suit for dissolution is
52-3 filed.
52-4 (b) If the parties are parents of a child, as defined by
52-5 Section 101.003, and the child is under the continuing jurisdiction
52-6 of another court under Chapter 155, either party to the suit for
52-7 dissolution of a marriage may move that court for transfer of the
52-8 suit affecting the parent-child relationship to the court having
52-9 jurisdiction of the suit for dissolution. The court with
52-10 continuing jurisdiction shall transfer the proceeding as provided
52-11 by Chapter 155. On the transfer of the proceedings, the court with
52-12 jurisdiction of the suit for dissolution of a marriage shall
52-13 consolidate the two causes of action.
52-14 (c) After transfer of a suit affecting the parent-child
52-15 relationship as provided in Chapter 155, the court with
52-16 jurisdiction of the suit for dissolution of a marriage has
52-17 jurisdiction to render an order in the suit affecting the
52-18 parent-child relationship as provided by Title 5.
52-19 Sec. 6.408. SERVICE OF CITATION. Citation on the filing of
52-20 an original petition in a suit for dissolution of a marriage shall
52-21 be issued and served as in other civil cases. Citation may also be
52-22 served on any other person who has or who may assert an interest in
52-23 the suit for dissolution of the marriage.
52-24 Sec. 6.409. CITATION BY PUBLICATION. (a) Citation in a
52-25 suit for dissolution of a marriage may be by publication as in
52-26 other civil cases, except that notice shall be published one time
52-27 only.
53-1 (b) The notice shall be sufficient if given in substantially
53-2 the following form:
53-3 "STATE OF TEXAS
53-4 To (name of person to be served with citation), and to all whom it
53-5 may concern (if the name of any person to be served with citation
53-6 is unknown), Respondent(s),
53-7 "You have been sued. You may employ an attorney. If you or
53-8 your attorney do not file a written answer with the clerk who
53-9 issued this citation by 10 a.m. on the Monday next following the
53-10 expiration of 20 days after you were served this citation and
53-11 petition, a default judgment may be taken against you. The
53-12 petition of ____, Petitioner, was filed in the Court
53-13 of ____ County, Texas, on the ___ day of ____, against ____,
53-14 Respondent(s), numbered ______, and entitled 'In the Matter of
53-15 Marriage of ____ and ____. The suit requests ____ (statement of
53-16 relief sought).'
53-17 "The Court has authority in this suit to enter any judgment
53-18 or decree dissolving the marriage and providing for the division of
53-19 property that will be binding on you.
53-20 "Issued and given under my hand and seal of said Court
53-21 at ____, Texas, this the ___ day of ____, ____.
53-22 "...............................
53-23 Clerk of the _________ Court of
53-24 _________________ County, Texas
53-25 By _______, Deputy."
53-26 (c) The form authorized in this section and the form
53-27 authorized by Section 102.010 may be combined in appropriate
54-1 situations.
54-2 (d) If the citation is for a suit in which a parent-child
54-3 relationship does not exist, service by publication may be
54-4 completed by posting the citation at the courthouse door for seven
54-5 days in the county in which the suit is filed.
54-6 (e) If the petitioner or the petitioner's attorney of record
54-7 makes an oath that no child presently under 18 years of age was
54-8 born or adopted by the spouses and that no appreciable amount of
54-9 property was accumulated by the spouses during the marriage, the
54-10 court may dispense with the appointment of an attorney ad litem.
54-11 In a case in which citation was by publication, a statement of the
54-12 evidence, approved and signed by the judge, shall be filed with the
54-13 papers of the suit as a part of the record.
54-14 (Sections 6.410-6.500 reserved for expansion)
54-15 SUBCHAPTER F. TEMPORARY ORDERS
54-16 Sec. 6.501. TEMPORARY RESTRAINING ORDER. (a) After the
54-17 filing of a suit for dissolution of a marriage, on the motion of a
54-18 party or on the court's own motion, the court may grant a temporary
54-19 restraining order without notice to the adverse party for the
54-20 preservation of the property and for the protection of the parties
54-21 as necessary, including an order prohibiting one or both parties
54-22 from:
54-23 (1) intentionally communicating by telephone or in
54-24 writing with the other party by use of vulgar, profane, obscene, or
54-25 indecent language or in a coarse or offensive manner, with intent
54-26 to annoy or alarm the other;
54-27 (2) threatening the other, by telephone or in writing,
55-1 to take unlawful action against any person, intending by this
55-2 action to annoy or alarm the other;
55-3 (3) placing a telephone call, anonymously, at an
55-4 unreasonable hour, in an offensive and repetitious manner, or
55-5 without a legitimate purpose of communication with the intent to
55-6 annoy or alarm the other;
55-7 (4) intentionally, knowingly, or recklessly causing
55-8 bodily injury to the other or to a child of either party;
55-9 (5) threatening the other or a child of either party
55-10 with imminent bodily injury;
55-11 (6) intentionally, knowingly, or recklessly
55-12 destroying, removing, concealing, encumbering, transferring, or
55-13 otherwise harming or reducing the value of the property of the
55-14 parties or either party with intent to obstruct the authority of
55-15 the court to order a division of the estate of the parties in a
55-16 manner that the court deems just and right, having due regard for
55-17 the rights of each party and any children of the marriage;
55-18 (7) intentionally falsifying a writing or record
55-19 relating to the property of either party;
55-20 (8) intentionally misrepresenting or refusing to
55-21 disclose to the other party or to the court, on proper request, the
55-22 existence, amount, or location of any property of the parties or
55-23 either party;
55-24 (9) intentionally or knowingly damaging or destroying
55-25 the tangible property of the parties or either party; or
55-26 (10) intentionally or knowingly tampering with the
55-27 tangible property of the parties or either party and causing
56-1 pecuniary loss or substantial inconvenience to the other.
56-2 (b) A temporary restraining order under this subchapter may
56-3 not include a provision:
56-4 (1) the subject of which is a requirement,
56-5 appointment, award, or other order listed in Section 886A, Texas
56-6 Probate Code; or
56-7 (2) that:
56-8 (A) excludes a spouse from occupancy of the
56-9 residence where that spouse is living except as provided in a
56-10 protective order made in accordance with Title 4;
56-11 (B) prohibits a party from spending funds for
56-12 reasonable and necessary living expenses; or
56-13 (C) prohibits a party from engaging in acts
56-14 reasonable and necessary to conduct that party's usual business and
56-15 occupation.
56-16 Sec. 6.502. TEMPORARY INJUNCTION AND OTHER TEMPORARY ORDERS.
56-17 While a suit for dissolution of a marriage is pending and on the
56-18 motion of a party or on the court's own motion after notice and
56-19 hearing, the court may render an appropriate order, including the
56-20 granting of a temporary injunction for the preservation of the
56-21 property and protection of the parties as deemed necessary and
56-22 equitable and including an order directed to one or both parties:
56-23 (1) requiring a sworn inventory and appraisement of
56-24 the real and personal property owned or claimed by the parties and
56-25 specifying the form, manner, and substance of the inventory and
56-26 appraisal and list of debts and liabilities;
56-27 (2) requiring payments to be made for the support of
57-1 either spouse;
57-2 (3) requiring the production of books, papers,
57-3 documents, and tangible things by a party;
57-4 (4) ordering payment of reasonable attorney's fees and
57-5 expenses;
57-6 (5) appointing a receiver for the preservation and
57-7 protection of the property of the parties;
57-8 (6) awarding one spouse exclusive occupancy of the
57-9 residence during the pendency of the case;
57-10 (7) prohibiting the parties, or either party, from
57-11 spending funds beyond an amount the court determines to be for
57-12 reasonable and necessary living expenses;
57-13 (8) awarding one spouse exclusive control of a party's
57-14 usual business or occupation; or
57-15 (9) prohibiting an act described by Section 6.501(a).
57-16 Sec. 6.503. AFFIDAVIT, VERIFIED PLEADING, AND BOND NOT
57-17 REQUIRED. (a) A temporary restraining order or temporary
57-18 injunction under this subchapter:
57-19 (1) may be granted without an affidavit or a verified
57-20 pleading stating specific facts showing that immediate and
57-21 irreparable injury, loss, or damage will result before notice can
57-22 be served and a hearing can be held; and
57-23 (2) need not:
57-24 (A) define the injury or state why it is
57-25 irreparable;
57-26 (B) state why the order was granted without
57-27 notice; or
58-1 (C) include an order setting the suit for trial
58-2 on the merits with respect to the ultimate relief sought.
58-3 (b) In a suit for dissolution of a marriage, the court may
58-4 dispense with the issuance of a bond between the spouses in
58-5 connection with temporary orders for the protection of the parties
58-6 and their property.
58-7 Sec. 6.504. PROTECTIVE ORDERS. On the motion of a party to
58-8 a suit for dissolution of a marriage, the court may render a
58-9 protective order as provided by Chapter 71.
58-10 Sec. 6.505. COUNSELING. (a) While a divorce suit is
58-11 pending, the court may direct the parties to counsel with a person
58-12 named by the court.
58-13 (b) The person named by the court to counsel the parties
58-14 shall submit a written report to the court and to the parties
58-15 before the final hearing. In the report, the counselor shall give
58-16 only an opinion as to whether there exists a reasonable expectation
58-17 of reconciliation of the parties and, if so, whether further
58-18 counseling would be beneficial. The sole purpose of the report is
58-19 to aid the court in determining whether the suit for divorce should
58-20 be continued pending further counseling.
58-21 (c) A copy of the report shall be furnished to each party.
58-22 (d) If the court believes that there is a reasonable
58-23 expectation of the parties' reconciliation, the court may by
58-24 written order continue the proceedings and direct the parties to a
58-25 person named by the court for further counseling for a period fixed
58-26 by the court not to exceed 60 days, subject to any terms,
58-27 conditions, and limitations the court considers desirable. In
59-1 ordering counseling, the court shall consider the circumstances of
59-2 the parties, including the needs of the parties' family and the
59-3 availability of counseling services. At the expiration of the
59-4 period specified by the court, the counselor to whom the parties
59-5 were directed shall report to the court whether the parties have
59-6 complied with the court's order. Thereafter, the court shall
59-7 proceed as in a divorce suit generally.
59-8 Sec. 6.506. CONTEMPT. The violation of a temporary
59-9 restraining order, temporary injunction, or other temporary order
59-10 issued under this subchapter is punishable as contempt.
59-11 Sec. 6.507. INTERLOCUTORY APPEAL. An order under this
59-12 section, except an order appointing a receiver, is not subject to
59-13 interlocutory appeal.
59-14 (Sections 6.508-6.600 reserved for expansion)
59-15 SUBCHAPTER G. ALTERNATIVE DISPUTE RESOLUTION
59-16 Sec. 6.601. ARBITRATION PROCEDURES. (a) On written
59-17 agreement of the parties, the court may refer a suit for
59-18 dissolution of a marriage to arbitration. The agreement must state
59-19 whether the arbitration is binding or nonbinding.
59-20 (b) If the parties agree to binding arbitration, the court
59-21 shall render an order reflecting the arbitrator's award.
59-22 Sec. 6.602. MEDIATION PROCEDURES. (a) On the written
59-23 agreement of the parties or on the court's own motion, the court
59-24 may refer a suit for dissolution of a marriage to mediation.
59-25 (b) A mediated settlement agreement is binding on the
59-26 parties if the agreement:
59-27 (1) provides in a separate paragraph that the
60-1 agreement is not subject to revocation;
60-2 (2) is signed by each party to the agreement; and
60-3 (3) is signed by the party's attorney, if any, who is
60-4 present at the time the agreement is signed.
60-5 (c) If a mediated settlement agreement meets the
60-6 requirements of this section, a party is entitled to judgment on
60-7 the mediated settlement agreement notwithstanding Rule 11, Texas
60-8 Rules of Civil Procedure, or another rule of law.
60-9 (Sections 6.603-6.700 reserved for expansion)
60-10 SUBCHAPTER H. TRIAL AND APPEAL
60-11 Sec. 6.701. FAILURE TO ANSWER. In a suit for divorce, the
60-12 petition may not be taken as confessed if the respondent does not
60-13 file an answer.
60-14 Sec. 6.702. JURY. In a suit for dissolution of a marriage,
60-15 either party may demand a jury trial unless the action is a suit to
60-16 annul an underage marriage under Section 6.101 or 6.102.
60-17 Sec. 6.703. TESTIMONY OF HUSBAND OR WIFE. (a) In a suit
60-18 for dissolution of a marriage, the husband and wife are competent
60-19 witnesses for and against each other. A spouse may not be
60-20 compelled to testify as to a matter that will incriminate the
60-21 spouse.
60-22 (b) If the husband or wife testifies, the court or jury
60-23 trying the case shall determine the credibility of the witness and
60-24 the weight to be given the witness's testimony.
60-25 Sec. 6.704. TESTIMONY BY MARRIAGE COUNSELOR. (a) The
60-26 report by the person named by the court to counsel the parties to a
60-27 suit for divorce may not be admitted as evidence in the suit.
61-1 (b) The person named by the court to counsel the parties is
61-2 not competent to testify in any suit involving the parties or their
61-3 children.
61-4 (c) The files, records, and other work-products of the
61-5 counselor are privileged and confidential for all purposes and may
61-6 not be admitted as evidence in any suit involving the parties or
61-7 their children.
61-8 Sec. 6.705. CHANGE OF NAME. (a) In a decree of divorce or
61-9 annulment, the court shall change the name of a party specifically
61-10 requesting the change to a name previously used by the party unless
61-11 the court states in the decree a reason for denying the change of
61-12 name.
61-13 (b) The court may not deny a change of name solely to keep
61-14 the last name of family members the same.
61-15 (c) A change of name does not release a person from
61-16 liability incurred by the person under a previous name or defeat a
61-17 right the person held under a previous name.
61-18 (d) A person whose name is changed under this section may
61-19 apply for a change of name certificate from the clerk of the court
61-20 as provided by Section 45.106.
61-21 Sec. 6.706. TRANSFERS AND DEBTS PENDING DECREE. (a) A
61-22 transfer of real or personal community property or a debt incurred
61-23 by a spouse while a suit for divorce or annulment is pending that
61-24 subjects the other spouse or the community property to liability is
61-25 void with respect to the other spouse if the transfer was made or
61-26 the debt incurred with the intent to injure the rights of the other
61-27 spouse.
62-1 (b) A transfer or debt is not void if the person dealing
62-2 with the transferor or debtor spouse did not have notice of the
62-3 intent to injure the rights of the other spouse.
62-4 (c) The spouse seeking to void a transfer or debt incurred
62-5 while a suit for divorce or annulment is pending has the burden of
62-6 proving that the person dealing with the transferor or debtor
62-7 spouse had notice of the intent to injure the rights of the spouse
62-8 seeking to void the transaction.
62-9 Sec. 6.707. COSTS. (a) In a suit for dissolution of a
62-10 marriage, the court as it considers reasonable may award costs to a
62-11 party. Costs may not be adjudged against a party against whom a
62-12 divorce is granted for confinement in a mental hospital under
62-13 Section 6.007.
62-14 (b) The expenses of counseling may be taxed as costs against
62-15 either or both parties.
62-16 Sec. 6.708. TEMPORARY ORDERS DURING APPEAL. (a) Not later
62-17 than the 30th day after the date an appeal is perfected, on the
62-18 motion of a party or on the court's own motion, after notice and
62-19 hearing, the trial court may render a temporary order necessary for
62-20 the preservation of the property and for the protection of the
62-21 parties during the appeal, including an order to:
62-22 (1) require the support of either spouse;
62-23 (2) require the payment of reasonable attorney's fees
62-24 and expenses;
62-25 (3) appoint a receiver for the preservation and
62-26 protection of the property of the parties; or
62-27 (4) award one spouse exclusive occupancy of the
63-1 parties' residence pending the appeal.
63-2 (b) The trial court retains jurisdiction to enforce a
63-3 temporary order under this section unless the appellate court, on a
63-4 proper showing, supersedes the trial court's order.
63-5 (Sections 6.709-6.800 reserved for expansion)
63-6 SUBCHAPTER I. REMARRIAGE
63-7 Sec. 6.801. REMARRIAGE. (a) Except as otherwise provided
63-8 by this subchapter, neither party to a divorce may marry a third
63-9 party before the 31st day after the date the divorce is decreed.
63-10 (b) The former spouses may marry each other at any time.
63-11 Sec. 6.802. WAIVER OF PROHIBITION AGAINST REMARRIAGE. For
63-12 good cause shown the court may waive the prohibition against
63-13 remarriage provided by this subchapter as to either or both spouses
63-14 if a record of the proceedings is made and preserved or if findings
63-15 of fact and conclusions of law are filed by the court.
63-16 CHAPTER 7. AWARD OF MARITAL PROPERTY
63-17 Sec. 7.001. GENERAL RULE OF PROPERTY DIVISION. In a decree
63-18 of divorce or annulment, the court shall order a division of the
63-19 estate of the parties in a manner that the court deems just and
63-20 right, having due regard for the rights of each party and any
63-21 children of the marriage.
63-22 Sec. 7.002. DIVISION OF PROPERTY UNDER SPECIAL
63-23 CIRCUMSTANCES. In addition to the division of the estate of the
63-24 parties required by Section 7.001, in a decree of divorce or
63-25 annulment the court shall order a division of the following real
63-26 and personal property, wherever situated, in a manner that the
63-27 court deems just and right, having due regard for the rights of
64-1 each party and any children of the marriage:
64-2 (1) property that was acquired by either spouse while
64-3 domiciled in another state and that would have been community
64-4 property if the spouse who acquired the property had been domiciled
64-5 in this state at the time of the acquisition; or
64-6 (2) property that was acquired by either spouse in
64-7 exchange for real or personal property and that would have been
64-8 community property if the spouse who acquired the property so
64-9 exchanged had been domiciled in this state at the time of its
64-10 acquisition.
64-11 Sec. 7.003. DISPOSITION OF RETIREMENT AND EMPLOYMENT
64-12 BENEFITS AND OTHER PLANS. In a decree of divorce or annulment, the
64-13 court shall determine the rights of both spouses in a pension,
64-14 retirement plan, annuity, individual retirement account, employee
64-15 stock option plan, stock option, or other form of savings, bonus,
64-16 profit-sharing, or other employer plan or financial plan of an
64-17 employee or a participant, regardless of whether the person is
64-18 self-employed, in the nature of compensation or savings.
64-19 Sec. 7.004. DISPOSITION OF RIGHTS IN INSURANCE. In a decree
64-20 of divorce or annulment, the court shall specifically divide or
64-21 award the rights of each spouse in an insurance policy.
64-22 Sec. 7.005. INSURANCE COVERAGE NOT SPECIFICALLY AWARDED.
64-23 (a) If in a decree of divorce or annulment the court does not
64-24 specifically award all of the rights of the spouses in an insurance
64-25 policy other than life insurance in effect at the time the decree
64-26 is rendered, the policy remains in effect until the policy expires
64-27 according to the policy's own terms.
65-1 (b) The proceeds of a valid claim under the policy are
65-2 payable as follows:
65-3 (1) if the interest in the property insured was
65-4 awarded solely to one former spouse by the decree, to that former
65-5 spouse;
65-6 (2) if an interest in the property insured was awarded
65-7 to each former spouse, to those former spouses in proportion to the
65-8 interests awarded; or
65-9 (3) if the insurance coverage is directly related to
65-10 the person of one of the former spouses, to that former spouse.
65-11 (c) The failure of either former spouse to change the
65-12 endorsement on the policy to reflect the distribution of proceeds
65-13 established by this section does not relieve the insurer of
65-14 liability to pay the proceeds or any other obligation on the
65-15 policy.
65-16 (d) This section does not affect the right of a former
65-17 spouse to assert an ownership interest in an undivided life
65-18 insurance policy, as provided by Subchapter D, Chapter 9.
65-19 Sec. 7.006. AGREEMENT INCIDENT TO DIVORCE OR ANNULMENT. (a)
65-20 To promote amicable settlement of disputes in a suit for divorce or
65-21 annulment, the spouses may enter into a written agreement
65-22 concerning the division of the property and the liabilities of the
65-23 spouses and maintenance of either spouse. The agreement may be
65-24 revised or repudiated before rendition of the divorce or annulment
65-25 unless the agreement is binding under another rule of law.
65-26 (b) If the court finds that the terms of the written
65-27 agreement in a divorce or annulment are just and right, those terms
66-1 are binding on the court. If the court approves the agreement, the
66-2 court may set forth the agreement in full or incorporate the
66-3 agreement by reference in the final decree.
66-4 (c) If the court finds that the terms of the written
66-5 agreement in a divorce or annulment are not just and right, the
66-6 court may request the spouses to submit a revised agreement or may
66-7 set the case for a contested hearing.
66-8 CHAPTER 8. MAINTENANCE
66-9 Sec. 8.001. DEFINITION. In this chapter, "maintenance"
66-10 means an award in a suit for dissolution of a marriage of periodic
66-11 payments from the future income of one spouse for the support of
66-12 the other spouse.
66-13 Sec. 8.002. Eligibility for Maintenance. In a suit for
66-14 dissolution of a marriage or in a proceeding for maintenance in a
66-15 court with personal jurisdiction over both former spouses following
66-16 the dissolution of their marriage by a court that lacked personal
66-17 jurisdiction over an absent spouse, the court may order maintenance
66-18 for either spouse only if:
66-19 (1) the spouse from whom maintenance is requested was
66-20 convicted of or received deferred adjudication for a criminal
66-21 offense that also constitutes an act of family violence under
66-22 Chapter 71 and the offense occurred:
66-23 (A) within two years before the date on which a
66-24 suit for dissolution of the marriage is filed; or
66-25 (B) while the suit is pending; or
66-26 (2) the duration of the marriage was 10 years or
66-27 longer, the spouse seeking maintenance lacks sufficient property,
67-1 including property distributed to the spouse under this code, to
67-2 provide for the spouse's minimum reasonable needs, as limited by
67-3 Section 8.005, and the spouse seeking maintenance:
67-4 (A) is unable to support himself or herself
67-5 through appropriate employment because of an incapacitating
67-6 physical or mental disability;
67-7 (B) is the custodian of a child who requires
67-8 substantial care and personal supervision because a physical or
67-9 mental disability makes it necessary, taking into consideration the
67-10 needs of the child, that the spouse not be employed outside the
67-11 home; or
67-12 (C) clearly lacks earning ability in the labor
67-13 market adequate to provide support for the spouse's minimum
67-14 reasonable needs, as limited by Section 8.005.
67-15 Sec. 8.003. Factors in Determining Maintenance. A court
67-16 that determines that a spouse is eligible to receive maintenance
67-17 under this chapter shall determine the nature, amount, duration,
67-18 and manner of periodic payments by considering all relevant
67-19 factors, including:
67-20 (1) the financial resources of the spouse seeking
67-21 maintenance, including the community and separate property and
67-22 liabilities apportioned to that spouse in the dissolution
67-23 proceeding, and that spouse's ability to meet the spouse's needs
67-24 independently;
67-25 (2) the education and employment skills of the
67-26 spouses, the time necessary to acquire sufficient education or
67-27 training to enable the spouse seeking maintenance to find
68-1 appropriate employment, the availability of that education or
68-2 training, and the feasibility of that education or training;
68-3 (3) the duration of the marriage;
68-4 (4) the age, employment history, earning ability, and
68-5 physical and emotional condition of the spouse seeking maintenance;
68-6 (5) the ability of the spouse from whom maintenance is
68-7 requested to meet that spouse's personal needs and to provide
68-8 periodic child support payments, if applicable, while meeting the
68-9 personal needs of the spouse seeking maintenance;
68-10 (6) acts by either spouse resulting in excessive or
68-11 abnormal expenditures or destruction, concealment, or fraudulent
68-12 disposition of community property, joint tenancy, or other property
68-13 held in common;
68-14 (7) the comparative financial resources of the
68-15 spouses, including medical, retirement, insurance, or other
68-16 benefits, and the separate property of each spouse;
68-17 (8) the contribution by one spouse to the education,
68-18 training, or increased earning power of the other spouse;
68-19 (9) the property brought to the marriage by either
68-20 spouse;
68-21 (10) the contribution of a spouse as homemaker;
68-22 (11) marital misconduct of the spouse seeking
68-23 maintenance; and
68-24 (12) the efforts of the spouse seeking maintenance to
68-25 pursue available employment counseling as provided by Chapter 304,
68-26 Labor Code.
68-27 Sec. 8.004. Presumption. (a) Except as provided by
69-1 Subsection (b), it is presumed that maintenance is not warranted
69-2 unless the spouse seeking maintenance has exercised diligence in:
69-3 (1) seeking suitable employment; or
69-4 (2) developing the necessary skills to become
69-5 self-supporting during a period of separation and during the time
69-6 the suit for dissolution of the marriage is pending.
69-7 (b) This section does not apply to a spouse who is not able
69-8 to satisfy the presumption in Subsection (a) because of an
69-9 incapacitating physical or mental disability.
69-10 Sec. 8.005. Duration of Maintenance Order. (a) Except as
69-11 provided by Subsection (b), a court:
69-12 (1) may not order maintenance that remains in effect
69-13 for more than three years after the date of the order; and
69-14 (2) shall limit the duration of a maintenance order to
69-15 the shortest reasonable period that allows the spouse seeking
69-16 maintenance to meet the spouse's minimum reasonable needs by
69-17 obtaining appropriate employment or developing an appropriate
69-18 skill, unless the ability of the spouse to provide for the spouse's
69-19 minimum reasonable needs through employment is substantially or
69-20 totally diminished because of:
69-21 (A) physical or mental disability;
69-22 (B) duties as the custodian of an infant or
69-23 young child; or
69-24 (C) another compelling impediment to gainful
69-25 employment.
69-26 (b) If a spouse seeking maintenance is unable to support
69-27 himself or herself through appropriate employment because of an
70-1 incapacitating physical or mental disability, the court may order
70-2 maintenance for an indefinite period for as long as the disability
70-3 continues. The court may order periodic review of its order, on
70-4 the request of either party or on its own motion, to determine
70-5 whether the disability is continuing. The continuation of spousal
70-6 maintenance under these circumstances is subject to a motion to
70-7 modify as provided by Section 8.008.
70-8 Sec. 8.006. Amount of Maintenance. (a) A court may not
70-9 order maintenance that requires a spouse to pay monthly more than
70-10 the lesser of:
70-11 (1) $2,500; or
70-12 (2) 20 percent of the spouse's average monthly gross
70-13 income.
70-14 (b) The court shall set the amount that a spouse is required
70-15 to pay in a maintenance order to provide for the minimum reasonable
70-16 needs of the spouse receiving the maintenance under the order,
70-17 considering employment or property received in the dissolution of
70-18 the marriage or otherwise owned by the spouse receiving the
70-19 maintenance that contributes to the minimum reasonable needs of
70-20 that spouse.
70-21 (c) Department of Veterans Affairs service-connected
70-22 disability compensation, social security benefits and disability
70-23 benefits, and workers' compensation benefits are excluded from
70-24 maintenance.
70-25 Sec. 8.007. Termination. (a) The obligation to pay future
70-26 maintenance terminates on the death of either party or on the
70-27 remarriage of the party receiving maintenance.
71-1 (b) After a hearing, the court shall terminate the
71-2 maintenance order if the party receiving maintenance cohabits with
71-3 another person in a permanent place of abode on a continuing,
71-4 conjugal basis.
71-5 Sec. 8.008. Modification of Maintenance Order. (a) The
71-6 amount of maintenance specified in a court order or the portion of
71-7 a decree that provides for the support of a former spouse may be
71-8 reduced by the filing of a motion in the court that originally
71-9 rendered the order. A party affected by the order or the portion
71-10 of the decree to be modified may file the motion.
71-11 (b) Notice of a motion to modify maintenance and the
71-12 response, if any, are governed by the Texas Rules of Civil
71-13 Procedure applicable to the filing of an original lawsuit. Notice
71-14 must be given by service of citation, and a response must be in the
71-15 form of an answer due on or before 10 a.m. of the first Monday
71-16 after 20 days after the date of service. A court shall set a
71-17 hearing on the motion in the manner provided by Rule 245, Texas
71-18 Rules of Civil Procedure.
71-19 (c) After a hearing, the court may modify an original or
71-20 modified order or portion of a decree providing for maintenance on
71-21 a proper showing of a material and substantial change in
71-22 circumstances of either party. The court shall apply the
71-23 modification only to payment accruing after the filing of the
71-24 motion to modify.
71-25 (d) A loss of employment or circumstances that render a
71-26 former spouse unable to support himself or herself through
71-27 appropriate employment by reason of incapacitating physical or
72-1 mental disability that occurs after the divorce or annulment are
72-2 not grounds for the institution of spousal maintenance for the
72-3 benefit of the former spouse.
72-4 Sec. 8.009. Enforcement of Maintenance Order. (a) The
72-5 court may enforce by contempt the court's maintenance order or an
72-6 agreement for the payment of maintenance voluntarily entered into
72-7 between the parties and approved by the court.
72-8 (b) On the suit to enforce of a party entitled to receive
72-9 maintenance payments, the court may render judgment against a
72-10 defaulting party for an amount unpaid and owing after notice by
72-11 service of citation, answer, if any, and a hearing finding that the
72-12 defaulting party has failed or refused to carry out the terms of
72-13 the order. The judgment may be enforced by any means available for
72-14 the enforcement of judgment for debts.
72-15 (c) It is an affirmative defense to an allegation of
72-16 contempt of court or the violation of a condition of probation
72-17 requiring payment of court-ordered maintenance that the obligor:
72-18 (1) lacked the ability to provide maintenance in the
72-19 amount ordered;
72-20 (2) lacked property that could be sold, mortgaged, or
72-21 otherwise pledged to raise the funds needed;
72-22 (3) attempted unsuccessfully to borrow the needed
72-23 funds; and
72-24 (4) did not know of a source from which the money
72-25 could have been borrowed or otherwise legally obtained.
72-26 (d) The issue of the existence of an affirmative defense
72-27 does not arise unless evidence is admitted supporting the defense.
73-1 If the issue of the existence of an affirmative defense arises, an
73-2 obligor must prove the affirmative defense by a preponderance of
73-3 the evidence.
73-4 Sec. 8.010. Putative Spouse. In a suit to declare a
73-5 marriage void, a putative spouse who did not have knowledge of an
73-6 existing impediment to a valid marriage may be awarded maintenance
73-7 if otherwise qualified to receive maintenance under this chapter.
73-8 Sec. 8.011. Unmarried Cohabitants. An order for maintenance
73-9 is not authorized between unmarried cohabitants under any
73-10 circumstances.
73-11 CHAPTER 9. POST-DECREE PROCEEDINGS
73-12 SUBCHAPTER A. SUIT TO ENFORCE DECREE
73-13 Sec. 9.001. ENFORCEMENT OF DECREE. (a) A party affected by
73-14 a decree of divorce or annulment providing for a division of
73-15 property as provided by Chapter 7 may request enforcement of that
73-16 decree by filing a suit to enforce as provided by this chapter in
73-17 the court that rendered the decree.
73-18 (b) Except as otherwise provided in this chapter, a suit to
73-19 enforce shall be governed by the Texas Rules of Civil Procedure
73-20 applicable to the filing of an original lawsuit.
73-21 (c) A party whose rights, duties, powers, or liabilities may
73-22 be affected by the suit to enforce is entitled to receive notice by
73-23 citation and shall be commanded to appear by filing a written
73-24 answer. Thereafter, the proceedings shall be as in civil cases
73-25 generally.
73-26 Sec. 9.002. CONTINUING AUTHORITY TO ENFORCE DECREE. The
73-27 court that rendered the decree of divorce or annulment retains the
74-1 power to enforce the property division as provided by Chapter 7.
74-2 Sec. 9.003. FILING DEADLINES. (a) A suit to enforce the
74-3 division of tangible personal property in existence at the time of
74-4 the decree of divorce or annulment must be filed before the second
74-5 anniversary of the date the decree was signed or becomes final
74-6 after appeal, whichever date is later, or the suit is barred.
74-7 (b) A suit to enforce the division of future property not in
74-8 existence at the time of the original decree must be filed before
74-9 the second anniversary of the date the right to the property
74-10 matures or accrues or the decree becomes final, whichever date is
74-11 later, or the suit is barred.
74-12 Sec. 9.004. APPLICABILITY TO UNDIVIDED PROPERTY. The
74-13 procedures and limitations of this subchapter do not apply to
74-14 existing property not divided on divorce, which are governed by
74-15 Subchapter C and by the rules applicable to civil cases generally.
74-16 Sec. 9.005. NO JURY. A party may not demand a jury trial if
74-17 the procedures to enforce a decree of divorce or annulment provided
74-18 by this subchapter are invoked.
74-19 Sec. 9.006. ENFORCEMENT OF DIVISION OF PROPERTY. (a)
74-20 Except as provided by this subchapter and by the Texas Rules of
74-21 Civil Procedure, the court may render further orders to enforce the
74-22 division of property made in the decree of divorce or annulment to
74-23 assist in the implementation of or to clarify the prior order.
74-24 (b) The court may specify more precisely the manner of
74-25 effecting the property division previously made if the substantive
74-26 division of property is not altered or changed.
74-27 (c) An order of enforcement does not alter or affect the
75-1 finality of the decree of divorce or annulment being enforced.
75-2 Sec. 9.007. LIMITATION ON POWER OF COURT TO ENFORCE. (a) A
75-3 court may not amend, modify, alter, or change the division of
75-4 property made or approved in the decree of divorce or annulment.
75-5 An order to enforce the division is limited to an order to assist
75-6 in the implementation of or to clarify the prior order and may not
75-7 alter or change the substantive division of property.
75-8 (b) An order under this section that amends, modifies,
75-9 alters, or changes the actual, substantive division of property
75-10 made or approved in a final decree of divorce or annulment is
75-11 beyond the power of the divorce court and is unenforceable.
75-12 (c) The power of the court to render further orders to
75-13 assist in the implementation of or to clarify the property division
75-14 is abated while an appellate proceeding is pending.
75-15 Sec. 9.008. CLARIFICATION ORDER. (a) On the request of a
75-16 party or on the court's own motion, the court may render a
75-17 clarifying order before a motion for contempt is made or heard, in
75-18 conjunction with a motion for contempt or on denial of a motion for
75-19 contempt.
75-20 (b) On a finding by the court that the original form of the
75-21 division of property is not specific enough to be enforceable by
75-22 contempt, the court may render a clarifying order setting forth
75-23 specific terms to enforce compliance with the original division of
75-24 property.
75-25 (c) The court may not give retroactive effect to a
75-26 clarifying order.
75-27 (d) The court shall provide a reasonable time for compliance
76-1 before enforcing a clarifying order by contempt or in another
76-2 manner.
76-3 Sec. 9.009. DELIVERY OF PROPERTY. To enforce the division
76-4 of property made in a decree of divorce or annulment, the court may
76-5 make an order to deliver the specific existing property awarded,
76-6 without regard to whether the property is of especial value,
76-7 including an award of an existing sum of money or its equivalent.
76-8 Sec. 9.010. REDUCTION TO MONEY JUDGMENT. (a) If a party
76-9 fails to comply with a decree of divorce or annulment and delivery
76-10 of property awarded in the decree is no longer an adequate remedy,
76-11 the court may render a money judgment for the damages caused by
76-12 that failure to comply.
76-13 (b) If a party did not receive payments of money as awarded
76-14 in the decree of divorce or annulment, the court may render
76-15 judgment against a defaulting party for the amount of unpaid
76-16 payments to which the party is entitled.
76-17 (c) The remedy of a reduction to money judgment is in
76-18 addition to the other remedies provided by law.
76-19 (d) A money judgment rendered under this section may be
76-20 enforced by any means available for the enforcement of judgment for
76-21 debt.
76-22 Sec. 9.011. RIGHT TO FUTURE PROPERTY. (a) The court may,
76-23 by any remedy provided by this chapter, enforce an award of the
76-24 right to receive installment payments or a lump-sum payment due on
76-25 the maturation of an existing vested or nonvested right to be paid
76-26 in the future.
76-27 (b) The subsequent actual receipt by the non-owning party of
77-1 property awarded to the owner in a decree of divorce or annulment
77-2 creates a fiduciary obligation in favor of the owner and imposes a
77-3 constructive trust on the property for the benefit of the owner.
77-4 Sec. 9.012. CONTEMPT. (a) The court may enforce by
77-5 contempt an order requiring delivery of specific property or an
77-6 award of a right to future property.
77-7 (b) The court may not enforce by contempt an award in a
77-8 decree of divorce or annulment of a sum of money payable in a lump
77-9 sum or in future installment payments in the nature of debt, except
77-10 for:
77-11 (1) a sum of money in existence at the time the decree
77-12 was rendered; or
77-13 (2) a matured right to future payments as provided by
77-14 Section 9.011.
77-15 (c) This subchapter does not detract from or limit the
77-16 general power of a court to enforce an order of the court by
77-17 appropriate means.
77-18 Sec. 9.013. COSTS. The court may award costs in a
77-19 proceeding to enforce a property division under this subchapter as
77-20 in other civil cases.
77-21 Sec. 9.014. ATTORNEY'S FEES. The court may award reasonable
77-22 attorney's fees as costs in a proceeding under this subchapter.
77-23 The court may order the attorney's fees to be paid directly to the
77-24 attorney, who may enforce the order for fees in the attorney's own
77-25 name by any means available for the enforcement of a judgment for
77-26 debt.
77-27 (Sections 9.015-9.100 reserved for expansion)
78-1 SUBCHAPTER B. POST-DECREE QUALIFIED DOMESTIC RELATIONS ORDER
78-2 Sec. 9.101. JURISDICTION FOR QUALIFIED DOMESTIC RELATIONS
78-3 ORDER. (a) Notwithstanding any other provision of this chapter,
78-4 the court that rendered a final decree of divorce or annulment or
78-5 another final order dividing property under this title retains
78-6 continuing, exclusive jurisdiction to render an enforceable
78-7 qualified domestic relations order or similar order permitting
78-8 payment of pension, retirement plan, or other employee benefits
78-9 divisible under the law of this state or of the United States to an
78-10 alternate payee or other lawful payee.
78-11 (b) Unless prohibited by federal law, a suit seeking a
78-12 qualified domestic relations order or similar order under this
78-13 section applies to a previously divided pension, retirement plan,
78-14 or other employee benefit divisible under the law of this state or
78-15 of the United States, whether the plan or benefit is private,
78-16 state, or federal.
78-17 Sec. 9.102. PROCEDURE. (a) A party to a decree of divorce
78-18 or annulment may petition the court for a qualified domestic
78-19 relations order or similar order.
78-20 (b) Except as otherwise provided by this code, a petition
78-21 under this subchapter is governed by the Texas Rules of Civil
78-22 Procedure that apply to the filing of an original lawsuit.
78-23 (c) Each party whose rights may be affected by the petition
78-24 is entitled to receive notice by citation and shall be commanded to
78-25 appear by filing a written answer.
78-26 (d) The proceedings shall be conducted in the same manner as
78-27 civil cases generally.
79-1 Sec. 9.103. PRIOR FAILURE TO RENDER QUALIFIED DOMESTIC
79-2 RELATIONS ORDER. A party may petition a court to render a
79-3 qualified domestic relations order or similar order if the court
79-4 that rendered a final decree of divorce or annulment or another
79-5 final order dividing property under this chapter did not provide a
79-6 qualified domestic relations order or similar order permitting
79-7 payment of benefits to an alternate payee or other lawful payee.
79-8 Sec. 9.104. DEFECTIVE PRIOR DOMESTIC RELATIONS ORDER. If a
79-9 plan administrator or other person acting in an equivalent capacity
79-10 determines that a domestic relations order does not satisfy the
79-11 requirements of a qualified domestic relations order or similar
79-12 order, the court retains continuing, exclusive jurisdiction over
79-13 the parties and their property to the extent necessary to render a
79-14 qualified domestic relations order.
79-15 Sec. 9.105. LIBERAL CONSTRUCTION. The court shall liberally
79-16 construe this subchapter to effect payment of retirement benefits
79-17 that were divided by a previous decree that failed to contain a
79-18 qualified domestic relations order or similar order or that
79-19 contained an order that failed to meet the requirements of a
79-20 qualified domestic relations order or similar order.
79-21 (Sections 9.106-9.200 reserved for expansion)
79-22 SUBCHAPTER C. POST-DECREE DIVISION OF PROPERTY
79-23 Sec. 9.201. PROCEDURE FOR DIVISION OF CERTAIN PROPERTY NOT
79-24 DIVIDED ON DIVORCE OR ANNULMENT. (a) Either former spouse may
79-25 file a suit as provided by this subchapter to divide property not
79-26 divided or awarded to a spouse in a final decree of divorce or
79-27 annulment.
80-1 (b) Except as otherwise provided by this subchapter, the
80-2 suit is governed by the Texas Rules of Civil Procedure applicable
80-3 to the filing of an original lawsuit.
80-4 Sec. 9.202. LIMITATIONS. (a) A suit under this subchapter
80-5 must be filed before the second anniversary of the date a former
80-6 spouse unequivocally repudiates the existence of the ownership
80-7 interest of the other former spouse and communicates that
80-8 repudiation to the other former spouse.
80-9 (b) The two-year limitations period is tolled for the period
80-10 that a court of this state does not have jurisdiction over the
80-11 former spouses or over the property.
80-12 Sec. 9.203. DIVISION OF UNDIVIDED ASSETS WHEN PRIOR COURT
80-13 HAD JURISDICTION. (a) If a court of this state failed to dispose
80-14 of property subject to division in a final decree of divorce or
80-15 annulment even though the court had jurisdiction over the spouses
80-16 or over the property, the court shall divide the property in a
80-17 manner that the court deems just and right, having due regard for
80-18 the rights of each party and any children of the marriage.
80-19 (b) If a final decree of divorce or annulment rendered by a
80-20 court in another state failed to dispose of property subject to
80-21 division under the law of that state even though the court had
80-22 jurisdiction to do so, a court of this state shall apply the law of
80-23 the other state regarding undivided property as required by Section
80-24 1, Article IV, United States Constitution (the full faith and
80-25 credit clause), and enabling federal statutes.
80-26 Sec. 9.204. DIVISION OF UNDIVIDED ASSETS WHEN PRIOR COURT
80-27 LACKED JURISDICTION. (a) If a court of this state failed to
81-1 dispose of property subject to division in a final decree of
81-2 divorce or annulment because the court lacked jurisdiction over a
81-3 spouse or the property, and if that court subsequently acquires the
81-4 requisite jurisdiction, that court may divide the property in a
81-5 manner that the court deems just and right, having due regard for
81-6 the rights of each party and any children of the marriage.
81-7 (b) If a final decree of divorce or annulment rendered by a
81-8 court in another state failed to dispose of property subject to
81-9 division under the law of that state because the court lacked
81-10 jurisdiction over a spouse or the property, and if a court of this
81-11 state subsequently acquires the requisite jurisdiction over the
81-12 former spouses or over the property, the court in this state may
81-13 divide the property in a manner that the court deems just and
81-14 right, having due regard for the rights of each party and any
81-15 children of the marriage.
81-16 Sec. 9.205. ATTORNEY'S FEES. In a proceeding to divide
81-17 property previously undivided in a decree of divorce or annulment
81-18 as provided by this subchapter, the court may award reasonable
81-19 attorney's fees as costs. The court may order the attorney's fees
81-20 to be paid directly to the attorney, who may enforce the order in
81-21 the attorney's own name by any means available for the enforcement
81-22 of a judgment for debt.
81-23 (Sections 9.206-9.300 reserved for expansion)
81-24 SUBCHAPTER D. DISPOSITION OF UNDIVIDED BENEFICIAL INTEREST
81-25 Sec. 9.301. PRE-DECREE DESIGNATION OF EX-SPOUSE AS
81-26 BENEFICIARY OF LIFE INSURANCE. (a) If a decree of divorce or
81-27 annulment is rendered after an insured has designated the insured's
82-1 spouse as a beneficiary under a life insurance policy in force at
82-2 the time of rendition, a provision in the policy in favor of the
82-3 insured's former spouse is not effective unless:
82-4 (1) the decree designates the insured's former spouse
82-5 as the beneficiary;
82-6 (2) the insured redesignates the former spouse as the
82-7 beneficiary after rendition of the decree; or
82-8 (3) the former spouse is designated to receive the
82-9 proceeds in trust for, on behalf of, or for the benefit of a child
82-10 or a dependent of either former spouse.
82-11 (b) If a designation is not effective under Subsection (a),
82-12 the proceeds of the policy are payable to the named alternative
82-13 beneficiary or, if there is not a named alternative beneficiary, to
82-14 the estate of the insured.
82-15 (c) An insurer who pays the proceeds of a life insurance
82-16 policy issued by the insurer to the beneficiary under a designation
82-17 that is not effective under Subsection (a) is liable for payment of
82-18 the proceeds to the person or estate provided by Subsection (b)
82-19 only if:
82-20 (1) before payment of the proceeds to the designated
82-21 beneficiary, the insurer receives written notice at the home office
82-22 of the insurer from an interested person that the designation is
82-23 not effective under Subsection (a); and
82-24 (2) the insurer has not interpleaded the proceeds into
82-25 the registry of a court of competent jurisdiction in accordance
82-26 with the Texas Rules of Civil Procedure.
82-27 Sec. 9.302. PRE-DECREE DESIGNATION OF EX-SPOUSE AS
83-1 BENEFICIARY IN RETIREMENT BENEFITS AND OTHER FINANCIAL PLANS. (a)
83-2 If a decree of divorce or annulment is rendered after a spouse,
83-3 acting in the capacity of a participant, annuitant, or account
83-4 holder, has designated the other spouse as a beneficiary under an
83-5 individual retirement account, employee stock option plan, stock
83-6 option, or other form of savings, bonus, profit-sharing, or other
83-7 employer plan or financial plan of an employee or a participant in
83-8 force at the time of rendition, the designating provision in the
83-9 plan in favor of the other former spouse is not effective unless:
83-10 (1) the decree designates the other former spouse as
83-11 the beneficiary;
83-12 (2) the designating former spouse redesignates the
83-13 other former spouse as the beneficiary after rendition of the
83-14 decree; or
83-15 (3) the other former spouse is designated to receive
83-16 the proceeds or benefits in trust for, on behalf of, or for the
83-17 benefit of a child or dependent of either former spouse.
83-18 (b) If a designation is not effective under Subsection (a),
83-19 the benefits or proceeds are payable to the named alternative
83-20 beneficiary or, if there is not a named alternative beneficiary, to
83-21 the designating former spouse.
83-22 (c) A business entity, employer, pension trust, insurer,
83-23 financial institution, or other person obligated to pay retirement
83-24 benefits or proceeds of a financial plan covered by this section
83-25 who pays the benefits or proceeds to the beneficiary under a
83-26 designation of the other former spouse that is not effective under
83-27 Subsection (a) is liable for payment of the benefits or proceeds to
84-1 the person provided by Subsection (b) only if:
84-2 (1) before payment of the benefits or proceeds to the
84-3 designated beneficiary, the payor receives written notice at the
84-4 home office or principal office of the payor from an interested
84-5 person that the designation of the beneficiary or fiduciary is not
84-6 effective under Subsection (a); and
84-7 (2) the payor has not interpleaded the benefits or
84-8 proceeds into the registry of a court of competent jurisdiction in
84-9 accordance with the Texas Rules of Civil Procedure.
84-10 (d) This section does not affect the right of a former
84-11 spouse to assert an ownership interest in an undivided pension,
84-12 retirement, annuity, or other financial plan described by this
84-13 section as provided by this subchapter.
84-14 (e) This section does not apply to the disposition of a
84-15 beneficial interest in a retirement benefit or other financial plan
84-16 of a public retirement system as defined by Section 802.001,
84-17 Government Code.
84-18 SECTION 2. Subpart D, Part 5, Chapter XIII, Texas Probate
84-19 Code, is amended by adding Sections 886-886F to read as follows:
84-20 Sec. 886. APPOINTMENT OF RECEIVER. (a) If any of the
84-21 separate property of a person reported to be a prisoner of war or
84-22 missing in action by the United States Department of Defense
84-23 appears to be in danger of injury, loss, or waste and in need of a
84-24 representative, a district judge of the county in which the person
84-25 reported to be a prisoner of war or missing in action or the spouse
84-26 of the person resides or where the endangered separate property is
84-27 located may by order, with or without application, appoint a
85-1 suitable person as receiver to take charge of the endangered
85-2 separate property.
85-3 (b) The order must include a requirement that the receiver
85-4 post bond as in ordinary receiverships in a sum the judge considers
85-5 necessary to protect the separate property and shall specify the
85-6 duties and powers of the receiver as the judge considers necessary
85-7 for the protection, conservation, and preservation of the separate
85-8 property.
85-9 (c) The clerk shall enter the order in the minutes of the
85-10 court, and the person appointed shall post bond for submission to
85-11 the judge for approval. On approval by the judge, the bond shall
85-12 be filed with the clerk.
85-13 (d) The receiver shall take charge of the endangered
85-14 separate property under the duties and powers provided by the order
85-15 of appointment and by subsequent orders as the judge shall make.
85-16 Sec. 886A. EXPENDITURES BY RECEIVER. If during the
85-17 receivership under Section 886 the needs of the spouse or dependent
85-18 children of the person reported to be a prisoner of war or missing
85-19 in action require the use of the income or corpus of the estate for
85-20 education, clothing, or subsistence, the judge may, with or without
85-21 application, by order entered in the minutes of the court,
85-22 appropriate an amount of the income or corpus sufficient for that
85-23 purpose. The income or corpus shall be used by the receiver to pay
85-24 claims for education, clothing, or subsistence that are presented
85-25 to the judge and approved and ordered to be paid.
85-26 Sec. 886B. INVESTMENTS, LOANS, AND CONTRIBUTIONS BY
85-27 RECEIVER. If during the receivership under Section 886 the
86-1 receiver has on hand an amount of money belonging to the person
86-2 reported to be a prisoner of war or missing in action in excess of
86-3 the amount needed for current necessities and expenses, the
86-4 receiver may, under direction of the judge, invest, lend, or
86-5 contribute all or a part of the excess money in the manner provided
86-6 by this chapter for investments, loans, or contributions by
86-7 guardians. The receiver shall report to the judge all transactions
86-8 involving excess money in the manner that reports are required of
86-9 guardians.
86-10 Sec. 886C. RECEIVER'S EXPENSES, ACCOUNT, AND COMPENSATION.
86-11 (a) All necessary expenses incurred by the receiver in
86-12 administering the property may be reported monthly to the judge by
86-13 a sworn statement of account, including a report of:
86-14 (1) the receiver's acts;
86-15 (2) the condition of the property;
86-16 (3) the status of the threatened danger to the
86-17 property; and
86-18 (4) the progress made toward abatement of the
86-19 threatened danger.
86-20 (b) If the judge is satisfied that the statement is correct
86-21 and reasonable in all respects, the judge shall promptly by order
86-22 approve the report and authorize the reimbursement of the receiver
86-23 from the funds under the receiver's control.
86-24 (c) For official services rendered, the receiver is entitled
86-25 to be compensated in the same manner and amount as is provided by
86-26 this chapter for similar services rendered by guardians of estates.
86-27 Sec. 886D. CLOSING RECEIVERSHIP. When the threatened danger
87-1 has abated and the separate property is no longer liable to injury,
87-2 loss, or waste for the lack of a representative, the receiver
87-3 shall:
87-4 (1) report to the judge; and
87-5 (2) file with the clerk a full and final sworn account
87-6 of:
87-7 (A) all property received by the receiver;
87-8 (B) all sums paid out;
87-9 (C) all acts performed by the receiver with
87-10 respect to the property; and
87-11 (D) all property remaining in the receiver's
87-12 control.
87-13 Sec. 886E. ACTION OF JUDGE. (a) If on hearing the report
87-14 and account the judge is satisfied that the danger of injury, loss,
87-15 or waste has abated and that the report and account are correct,
87-16 the judge shall render an order so finding and shall direct the
87-17 receiver to deliver the property to the person from whom the
87-18 receiver took possession as receiver, to the person who was
87-19 reported to be a prisoner of war or missing in action, or to
87-20 another person the judge finds to be entitled to possession of the
87-21 estate. The person to whom the property is delivered shall execute
87-22 and file with the clerk an appropriate receipt for the property
87-23 delivered.
87-24 (b) The order of the judge shall discharge the receiver and
87-25 the receiver's sureties.
87-26 (c) If the judge is not satisfied that the danger has
87-27 abated, or is not satisfied with the report and account, the judge
88-1 shall render an order continuing the receivership in effect until
88-2 the judge is so satisfied.
88-3 Sec. 886F. RECORDATION OF PROCEEDINGS. All orders, bonds,
88-4 reports, accounts, and notices in the receivership proceedings
88-5 shall be recorded in the minutes of the court.
88-6 SECTION 3. Title 1, Family Code, as that title existed
88-7 before the effective date of this Act, is repealed.
88-8 SECTION 4. The change in law made by this Act does not
88-9 affect a proceeding under the Family Code pending on the effective
88-10 date of this Act. A proceeding pending on the effective date of
88-11 this Act is governed by the law in effect at the time the
88-12 proceeding was commenced, and the former law is continued in effect
88-13 for that purpose.
88-14 SECTION 5. The importance of this legislation and the
88-15 crowded condition of the calendars in both houses create an
88-16 emergency and an imperative public necessity that the
88-17 constitutional rule requiring bills to be read on three several
88-18 days in each house be suspended, and this rule is hereby suspended,
88-19 and that this Act take effect and be in force from and after its
88-20 passage, and it is so enacted.