Sec. 3.008. PROPERTY INTEREST IN CERTAIN INSURANCE PROCEEDS. (a) Insurance proceeds paid or payable that arise from a casualty loss to property during marriage are characterized in the same manner as the property to which the claim is attributable.
(b) If a person becomes disabled or is injured, any disability insurance payment or workers' compensation payment is community property to the extent it is intended to replace earnings lost while the disabled or injured person is married. To the extent that any insurance payment or workers' compensation payment is intended to replace earnings while the disabled or injured person is not married, the recovery is the separate property of the disabled or injured spouse.
Added by Acts 2005, 79th Leg., Ch. 490 (H.B. 410), Sec. 1, eff. September 1, 2005.
SUBCHAPTER B. MANAGEMENT, CONTROL, AND DISPOSITION OF MARITAL PROPERTY
Notes of Decisions
Cited in
7
cases, 2001–2016 · leading case:
Peck v. Peck, 172 S.W.3d 26 (Tex. App.—Dallas 2005).
Peck v. Peck, 172 S.W.3d 26 (Tex. App.—Dallas 2005).
“410, § 1 (to be codified at Tex Fam.Code Ann. § 3.008). As discussed above, Husband waived the issue of the characterization of the disability insurance benefits by judicially admitting the benefits were community property.”
Lee v. Lee, 43 S.W.3d 636 (Tex. App.—Fort Worth 2001).
“Tex. Fam.Code Ann. § 3.008(a) (Vernon 1998).”
Bush v. Bush, 336 S.W.3d 722 (Tex. App.—Houston [1st Dist.] 2010).
“” TEX. FAM.CODE ANN. § 3.008 (Vernon 2006).”
Garner v. Long, 106 S.W.3d 260 (Tex. App.—Fort Worth 2003).
“See id; see also Tex. Fam.Code Ann. § 3.008(a) (Vernon 1998) (“Property possessed by either spouse during or on dissolution of marriage is presumed to be community property.”
In re the Marriage of Bradshaw, 487 S.W.3d 306 (Tex. App.—Texarkana 2016).
“” Tex. Fam.Code Ann. § 3.008 (West 2006). Because it was undisputed that the Nolan Street house was Amanda’s separate property, certainly the portion of the check from the insurance company compensating her for the Nolan Street house was also her separate property.”
James Truman Henslee v. Mary Glenda Henslee, No. 12-09-00274-CV (Tex. App.—Tyler July 30, 2010).
““If a person becomes disabled or injured, any disability payment or workers‟ compensation payment is community property to the extent it is intended to replace earnings lost while the disabled or injured person is married.”
Tex. Fam. Code § 3.008(a): 2 cases
Lee v. Lee, 43 S.W.3d 636 (Tex. App.—Fort Worth 2001).
“Tex. Fam.Code Ann. § 3.008(a) (Vernon 1998).”
Garner v. Long, 106 S.W.3d 260 (Tex. App.—Fort Worth 2003).
“See id; see also Tex. Fam.Code Ann. § 3.008(a) (Vernon 1998) (“Property possessed by either spouse during or on dissolution of marriage is presumed to be community property.”
Tex. Fam. Code § 3.008(b): 1 case
James Truman Henslee v. Mary Glenda Henslee, No. 12-09-00274-CV (Tex. App.—Tyler July 30, 2010).
““If a person becomes disabled or injured, any disability payment or workers‟ compensation payment is community property to the extent it is intended to replace earnings lost while the disabled or injured person is married.”
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