Sec. 3.202. RULES OF MARITAL PROPERTY LIABILITY. (a) A spouse's separate property is not subject to liabilities of the other spouse unless both spouses are liable by other rules of law.
(b) Unless both spouses are personally liable as provided by this subchapter, the community property subject to a spouse's sole management, control, and disposition is not subject to:
(1) any liabilities that the other spouse incurred before marriage; or
(2) any nontortious liabilities that the other spouse incurs during marriage.
(c) The community property subject to a spouse's sole or joint management, control, and disposition is subject to the liabilities incurred by the spouse before or during marriage.
(d) All community property is subject to tortious liability of either spouse incurred during marriage.
(e) For purposes of this section, all retirement allowances, annuities, accumulated contributions, optional benefits, and money in the various public retirement system accounts of this state that are community property subject to the participating spouse's sole management, control, and disposition are not subject to any claim for payment of a criminal restitution judgment entered against the nonparticipant spouse except to the extent of the nonparticipant spouse's interest as determined in a qualified domestic relations order under Chapter 804, Government Code.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1244 (S.B. 2324), Sec. 1, eff. September 1, 2009.
Notes of Decisions
Viera v. Viera (2011)
texapp · cites it 3×
“Tex. Fam.Code Ann. § 3.202(a) (Vernon 2006).”
United States v. Loftis (2010)
ca5 · cites it 3×
“Tex. Fam.Code § 3.202(b). This exemption, however, was inapplicable to the federal government because the Tax Code made such state law exemptions void as to tax liens.”
Linda Dunn v. Idaho Tax Commission (2017)
idaho · cites it 8×
“” Lastly, Linda argues that Texas Family Code section 3.202(b) renders her eommu-nity interest in Husband’s Texas earnings immune from Idaho income tax.”
Barrera v. State (2004)
texapp · cites it 2×
“Texas Family Code section 3.202 provides in part: (a) A spouse’s separate property is not subject to liabilities of the other spouse unless both spouses are liable by other rules of law.”
Buescher v. First United Bank & Trust (In Re Buescher) (2015)
ca5 · cites it 2×
“See Tex. Fam. Code Ann. § 3.202 (c) (providing that “[t]he community property subject to a spouse’s sole or joint management, control, and disposition is subject to the liabilities incurred by the spouse before or during marriage”); see also United States v.”
Bush v. Bush (2010)
texapp
“TEX. FAM.CODE ANN. § 3.202 (Vernon Supp.2010).”
— Tex. Fam. Code § 3.202(a) — 5 cases
Viera v. Viera (2011)
texapp
“Tex. Fam.Code Ann. § 3.202(a) (Vernon 2006).”
Barrera v. State (2004)
texapp
“Texas Family Code section 3.202 provides in part: (a) A spouse’s separate property is not subject to liabilities of the other spouse unless both spouses are liable by other rules of law.”
— Tex. Fam. Code § 3.202(b) — 2 cases
Linda Dunn v. Idaho Tax Commission (2017)
idaho
“” Lastly, Linda argues that Texas Family Code section 3.202(b) renders her eommu-nity interest in Husband’s Texas earnings immune from Idaho income tax.”
United States v. Loftis (2010)
ca5
“Tex. Fam.Code § 3.202(b). This exemption, however, was inapplicable to the federal government because the Tax Code made such state law exemptions void as to tax liens.”
— Tex. Fam. Code § 3.202(b)(1)(2) — 1 case
— Tex. Fam. Code § 3.202(b)(2) — 6 cases
United States v. Loftis (2010)
ca5
“Tex. Fam.Code § 3.202(b). This exemption, however, was inapplicable to the federal government because the Tax Code made such state law exemptions void as to tax liens.”
— Tex. Fam. Code § 3.202(b)(l)(2) — 1 case
Viera v. Viera (2011)
texapp
“Tex. Fam.Code Ann. § 3.202(a) (Vernon 2006).”
— Tex. Fam. Code § 3.202(c) — 17 cases
Viera v. Viera (2011)
texapp
“Tex. Fam.Code Ann. § 3.202(a) (Vernon 2006).”
United States v. Loftis (2010)
ca5
“Tex. Fam.Code § 3.202(b). This exemption, however, was inapplicable to the federal government because the Tax Code made such state law exemptions void as to tax liens.”
Buescher v. First United Bank & Trust (In Re Buescher) (2015)
ca5
“See Tex. Fam. Code Ann. § 3.202 (c) (providing that “[t]he community property subject to a spouse’s sole or joint management, control, and disposition is subject to the liabilities incurred by the spouse before or during marriage”); see also United States v.”
— Tex. Fam. Code § 3.202(d) — 5 cases
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