Texas Codes

Tex. Fam. Code § 3.006 (2026)

Proportional Ownership Of Property By Marital Estates

✓ current as of May 2026
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Sec. 3.006. PROPORTIONAL OWNERSHIP OF PROPERTY BY MARITAL ESTATES. If the community estate of the spouses and the separate estate of a spouse have an ownership interest in property, the respective ownership interests of the marital estates are determined by the rule of inception of title.

Added by Acts 1999, 76th Leg., ch. 692, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 838, Sec. 3, eff. Sept. 1, 2001.

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2013–2024 · leading case: Mary Ann Yamin, Texas Black Iron, Inc. & 5310 Woodway, LLC v. Carroll Wayne Conn, L.P, 574 S.W.3d 50 (Tex. App.—Houston [14th Dist.] 2018).
Mary Ann Yamin, Texas Black Iron, Inc. & 5310 Woodway, LLC v. Carroll Wayne Conn, L.P, 574 S.W.3d 50 (Tex. App.—Houston [14th Dist.] 2018). “TEX. FAM. CODE ANN. § 3.006 (West 2006). Each spouse has sole management, control, and disposition of that spouse’s separate property.”
C. S. S.// A.S. v. A. S.// Cross-Appellee, C. S. S., No. 03-23-00523-CV (Tex. App.—Austin Sept. 12, 2024). · cites it 2× “” Tex. Fam. Code § 3.006. “Where an asset is purchased during marriage with monies traceable to a spouse’s separate estate, the asset may appropriately be characterized as separate property.”
Ryan Goyal v. Henna Hora, No. 03-19-00868-CV (Tex. App.—Austin May 27, 2021). “Although the Family Code addresses proportional ownership of property owned by the marital estates, see Tex. Fam. Code § 3.006, Goyal did not plead that claim, Turner disavowed that claim during trial, and it was not included in Goyal’s pretrial proposed property division and…”
in the Matter of the Marriage of Elizabeth Jane Brent & Robert Price Brent, IV & in the Interest of P.B., a Child, No. 07-11-00223-CV (Tex. App.—Amarillo Feb. 21, 2013). “Tex. Fam. Code Ann. § 3.006 (West 2006). As executed and delivered, the note with its recitals raised the presumption that the funds advanced, and thus the note representing those funds, was the separate property of wife.”
Brock Lovett, D.C. v. Aaron Felton, No. 07-10-00197-CV (Tex. App.—Amarillo Feb. 21, 2013). “Tex. Fam. Code Ann. § 3.006 (West 2006). As executed and delivered, the note with its recitals raised the presumption that the funds advanced, and thus the note representing those funds, was the separate property of wife.”
Susana I. Villalpando v. Armando Villalpando, No. 14-14-00526-CV (Tex. App.—Houston [14th Dist.] June 19, 2015). “18 TEX. FAM. CODE ANN. § 3.006 (Vernon 2011).”
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