Sec. 3.401. DEFINITIONS. In this subchapter:
(1) "Benefited estate" means a marital estate that receives a benefit from another marital estate.
(2) "Conferring estate" means a marital estate that confers a benefit on another marital estate.
(3) Repealed by Acts 2009, 81st Leg., R.S., Ch. 768, Sec. 11(2), eff. September 1, 2009.
(4) "Marital estate" means one of three estates:
(A) the community property owned by the spouses together and referred to as the community marital estate;
(B) the separate property owned individually by the husband and referred to as a separate marital estate; or
(C) the separate property owned individually by the wife, also referred to as a separate marital estate.
(5) "Spouse" means a husband, who is a man, or a wife, who is a woman. A member of a civil union or similar relationship entered into in another state between persons of the same sex is not a spouse.
Added by Acts 1999, 76th Leg., ch. 692, Sec. 2, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 838, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 768 (S.B. 866), Sec. 11(2), eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 411 (H.B. 1547), Sec. 1, eff. September 1, 2023.
Notes of Decisions
Cited in
20
cases (
1 in the last 5 years), 2001–2026 · leading case:
Moroch v. Collins, 174 S.W.3d 849 (Tex. App. 2005).
Moroch v. Collins, 174 S.W.3d 849 (Tex. App. 2005).
· cites it 4× “” Tex. Fam. Code Ann. § 3.401 (3) (Vernon Supp.”
Gerald Byron Barras v. Leslea Loring Barras, 396 S.W.3d 154 (Tex. App. 2013).
· cites it 2× ““Capital improvements” also is not defined in the reimbursement subchapter, see TEX. FAM. CODE ANN. § 3.401, or elsewhere in the Family Code.”
Boyd v. Boyd, 131 S.W.3d 605 (Tex. App. 2004).
“See Tex. Fam.Code Ann. §§ 3.401(2), 3.403(b).”
Bufkin v. Bufkin, 259 S.W.3d 343 (Tex. App. 2008).
· cites it 2× “Further, as community property, Edward has no right of reimbursement of funds identified as dividends because they are already part of the community marital estate defined in Texas Family Code Section 3.401(4)(A). Tex.”
Garcia v. Garcia, 170 S.W.3d 644 (Tex. App. 2005).
“…value of the property as of a specific date the amount of a lawful lien specific to the property on that same date. Tex.Fam.Code Ann. § 3.401(3).”
Lucy v. Lucy, 162 S.W.3d 770 (Tex. App. 2005).
“We find no abuse of discretion in attaching a misnomer to the remedy employed.”
Langston v. Langston, 82 S.W.3d 686 (Tex. App. 2002).
“(Emphasis added) Wendy urges that, after the recent amendments to TEX. FAM. CODE ANN. §§ 3.401 et seq. (Vernon Supp.”
Henry Hutcherson III v. Tina Hutcherson (2026).
“” Tex. Fam. Code § 3.401. A reimbursement claim exists when one or both spouses use the property of one marital estate to confer on a different marital estate a benefit which, if not repaid, would result in unjust enrichment to the benefitted estate.”
— Tex. Fam. Code § 3.401(2) — 2 cases
Moroch v. Collins, 174 S.W.3d 849 (Tex. App. 2005).
“” Tex. Fam. Code Ann. § 3.401 (3) (Vernon Supp.”
Boyd v. Boyd, 131 S.W.3d 605 (Tex. App. 2004).
“See Tex. Fam.Code Ann. §§ 3.401(2), 3.403(b).”
— Tex. Fam. Code § 3.401(3) — 3 cases
Moroch v. Collins, 174 S.W.3d 849 (Tex. App. 2005).
“” Tex. Fam. Code Ann. § 3.401 (3) (Vernon Supp.”
Garcia v. Garcia, 170 S.W.3d 644 (Tex. App. 2005).
“…value of the property as of a specific date the amount of a lawful lien specific to the property on that same date. Tex.Fam.Code Ann. § 3.401(3).”
— Tex. Fam. Code § 3.401(4)(A) — 1 case
Bufkin v. Bufkin, 259 S.W.3d 343 (Tex. App. 2008).
“Further, as community property, Edward has no right of reimbursement of funds identified as dividends because they are already part of the community marital estate defined in Texas Family Code Section 3.401(4)(A). Tex.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.