Texas Codes
Tex. Fam. Code § 9.004 (2026)
Applicability To Undivided Property
✓ current as of May 2026
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Sec. 9.004. APPLICABILITY TO UNDIVIDED PROPERTY. The procedures and limitations of this subchapter do not apply to existing property not divided on divorce, which are governed by Subchapter C and by the rules applicable to civil cases generally.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Notes of Decisions
Cited in 7
cases (2 in the last 5 years), 1998–2025 · leading case: DeGroot v. DeGroot, 260 S.W.3d 658 (Tex. App. 2008).
DeGroot v. DeGroot, 260 S.W.3d 658 (Tex. App. 2008). “The post-decree division of property is governed by the Texas Family Code sections that provide for a separate suit to divide property not divided in the divorce decree. See id. §§ 9.201-9.205. Also, a court may not amend, modify, alter, or change the division of the property in…”
Brown v. Fullenweider, 52 S.W.3d 169 (Tex. 2001). “Laws 2346, 2350) (re-codified as Tex.Fam.Code § 9.004, Act of April 3, 1997, 75th Leg.”
Kent v. Holmes, 139 S.W.3d 120 (Tex. App. 2004). “Tex. Fam.Code Ann. § 9.003 (Vernon 1998).”
McDougall v. Havlen, 980 S.W.2d 767 (Tex. App. 1998). “70(d) (now codified at Tex Fam.Code Ann. § 9.004). Because this is a suit to partition existing property not divided on divorce and held by the spouses as tenants in common, summary judgment on McDougall’s claim based on this statute would be improper.”
Justin Ryan Leblanc v. Michele Renee Leblanc (Tex. App. 2023). “3d at 363 (citing TEX. FAM. CODE ANN. §§ 9.006, .008). A court may enter a clarifying order to enforce compliance or assist with the implementation of an insufficiently specific decree.”
David Drew Jr. v. Arlette Dominguez Gallegos Belver; Fav Swimmers, LLC D/B/A Aqua Tots Swim Sch.; & Fav Swimmers II, LLC (Tex. App. 2025). “TEX. FAM. CODE ANN. §§ 9.004, .006, .008; see also Dalton, 551 S.”
Vivian L. McDougall (F/K/A Havlen) v. Harold Havlen (Tex. App. 1998). “70 (d) (now codified at Tex. Fam. Code Ann. § 9.004 ). Because this is a suit to partition existing property not divided on divorce and held by the spouses as tenants in common, summary judgment on McDougall's claim based on this statute would be improper.”
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