Sec. 3.104. PROTECTION OF THIRD PERSONS. (a) During marriage, property is presumed to be subject to the sole management, control, and disposition of a spouse if it is held in that spouse's name, as shown by muniment, contract, deposit of funds, or other evidence of ownership, or if it is in that spouse's possession and is not subject to such evidence of ownership.
(b) A third person dealing with a spouse is entitled to rely, as against the other spouse or anyone claiming from that spouse, on that spouse's authority to deal with the property if:
(1) the property is presumed to be subject to the sole management, control, and disposition of the spouse; and
(2) the person dealing with the spouse:
(A) is not a party to a fraud on the other spouse or another person; and
(B) does not have actual or constructive notice of the spouse's lack of authority.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
SUBCHAPTER C. MARITAL PROPERTY LIABILITIES
Notes of Decisions
Cited in
31
cases (
3 in the last 5 years), 2001–2025 · leading case:
Jean v. Tyson-Jean, 118 S.W.3d 1 (Tex. App. 2003).
Jean v. Tyson-Jean, 118 S.W.3d 1 (Tex. App. 2003).
· cites it 9× “See Tex. Fam. Code Ann. § 3.104 (b)(2)(A) (Vernon 1998).”
Jasek v. Texas Dep't of Fam. & Prot. Servs., 348 S.W.3d 523 (Tex. App. 2011).
“2001) (citations omitted); see Tex. Fam.Code Ann. § 3.104 (West 2008) (discussing “actual or constructive notice” *533 regarding spouse’s lack of authority over certain property).”
Wells v. Dotson, 261 S.W.3d 275 (Tex. App. 2008).
“See Tex. Fam. Code Ann. § 3.104 (Vernon 2006).”
Wright v. Wright, 280 S.W.3d 901 (Tex. App. 2009).
“The implication is that he believed that he was entitled to make the transfer to Gryder as the sole manager of the stock because it was in his name.”
Anton v. Merrill Lynch, 36 S.W.3d 251 (Tex. App. 2001).
“See Tex.Fam.Code Ann. § 3.104(b) (West 1998); Thomas v.”
In Re Trammell, 399 B.R. 177 (Bankr. N.D. Tex. 2007).
“Tex. Family Code Ann. § 3.104 (a) (Vernon 2006) (during marriage, “property is presumed to be subject to the sole management, control, and disposition of a spouse if it is held in that spouse’s name, as shown by muniment, contract, deposit of funds, or other evidence of…”
Brown v. Chesnut, 356 F. App'x 732 (5th Cir. 2009).
“See Tex. Fam.Code Ann. § 3.104(a) (Vernon 2006).”
— Tex. Fam. Code § 3.104(a) — 8 cases
Jean v. Tyson-Jean, 118 S.W.3d 1 (Tex. App. 2003).
“See Tex. Fam. Code Ann. § 3.104 (b)(2)(A) (Vernon 1998).”
Brown v. Chesnut, 356 F. App'x 732 (5th Cir. 2009).
“See Tex. Fam.Code Ann. § 3.104(a) (Vernon 2006).”
— Tex. Fam. Code § 3.104(b) — 4 cases
Jean v. Tyson-Jean, 118 S.W.3d 1 (Tex. App. 2003).
“See Tex. Fam. Code Ann. § 3.104 (b)(2)(A) (Vernon 1998).”
Anton v. Merrill Lynch, 36 S.W.3d 251 (Tex. App. 2001).
“See Tex.Fam.Code Ann. § 3.104(b) (West 1998); Thomas v.”
— Tex. Fam. Code § 3.104(b)(1) — 1 case
Jean v. Tyson-Jean, 118 S.W.3d 1 (Tex. App. 2003).
“See Tex. Fam. Code Ann. § 3.104 (b)(2)(A) (Vernon 1998).”
— Tex. Fam. Code § 3.104(b)(2)(B) — 1 case
Jean v. Tyson-Jean, 118 S.W.3d 1 (Tex. App. 2003).
“See Tex. Fam. Code Ann. § 3.104 (b)(2)(A) (Vernon 1998).”
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