Texas Codes

Tex. Fam. Code § 4.008 (2026)

Limitation Of Actions

✓ current as of May 2026

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Sec. 4.008. LIMITATION OF ACTIONS. A statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Notes of Decisions

Cited in 2 cases, 1999–2008 · leading case: In Re Rodriguez, 248 S.W.3d 444 (Tex. App. 2008).

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In Re Rodriguez, 248 S.W.3d 444 (Tex. App. 2008). “Rodriguez misrepresented his parentage of the children and asserts: “Fraudulent misrepresentation regarding the paternity of the children should toll the four-year statute of limitations to request parentage testing during the marriage like the statute of limitations to assert…”

Fazakerly v. Fazakerly, 996 S.W.2d 260 (Tex. App. 1999). “Jill contends that the trial court should not have granted Mary’s motion because it was based on TEX. FAM. CODE ANN. § 4.008 (Vernon 1998) which did not become effective until April 17,1997 and was not retroactive.”

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