Tex. Codes » Family Code · TITLE 1. THE MARRIAGE RELATIONSHIP · SUBTITLE C. DISSOLUTION OF MARRIAGE · CHAPTER 9. POST-DECREE PROCEEDINGS

Tex. Fam. Code § 9.011

Right To Future Property

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Sec. 9.011. RIGHT TO FUTURE PROPERTY. (a) The court may, by any remedy provided by this chapter, enforce an award of the right to receive installment payments or a lump-sum payment due on the maturation of an existing vested or nonvested right to be paid in the future.

(b) The subsequent actual receipt by the non-owning party of property awarded to the owner in a decree of divorce or annulment creates a fiduciary obligation in favor of the owner and imposes a constructive trust on the property for the benefit of the owner.

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

Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1999–2022 · leading case: In Re Presto
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In Re Presto (2007) txsb · cites it 3× “The Texas Family Code further provides, “The subsequent actual receipt by the non-owning party of property awarded to the owner in a decree of divorce or annulment creates a fiduciary obligation in favor of the owner and imposes a constructive trust on the property for the…”
National Plan Administrators, Inc. v. National Health Insurance Co. (2007) tex “, Tex. Fam.Code § 9.011 (providing that a fiduciary obligation is created when a party receives property that was awarded to a former spouse in a divorce decree); Tex.”
Berger v. Jacobson (In Re Jacobson) (2010) txsb · cites it 10× “Accordingly, this Court looks to Tex. Fam.Code Ann. §§ 9.011 and 9.012 (the Family Code), which provides that: Section 9.”
John Vanderkam v. Melissa Vanderkam (2015) cadc · cites it 2× “” Tex. Fam. Code Ann. § 9.011 (b). Despite conceding that ERISA vested the survivor benefit in Melissa, John argues that the divorce decree and this Texas statute entitle him to a declaration that he “has equitable title” to Melissa’s survivor benefit, and that upon receipt of…”
in the Interest of T.F., J.F., L.F., and W.F., Children (2019) texapp “Tex. Fam. Code Ann. § 9.011 . However, there was no indication in the divorce decree that Mother was awarded funds in the divorce from which to pay the student-loan debt; she was therefore not a constructive trustee or fiduciary subject to contempt for her failure to pay it.”
Schneider v. Schneider (1999) texapp “See Tex. Fam.Code Ann. § 9.011 (West 1998). 2 Here Kay has not actually received any Plan benefits.”
Woolam v. Tussing (2001) texapp “Current version at Tex Fam. Code Ann. § 9.011 (Vernon 1998).”
Cox v. Cox (In Re Cox) (2003) txeb “” Texas Family Code § 9.013; “The court may award reasonable attorney’s fees as costs in a proceeding under this subehap-ter.”
Geary H. Lee v. Elizabeth Deanne Holoubek, F/K/A Elizabeth Deanne Lee (2015) texapp · cites it 2× “4 Tex. Fam. Code §9.205 ... ... ... ... .”
Geary H. Lee v. Elizabeth Deanne Holoubek, F/K/A Elizabeth Deanne Lee (2016) texapp “” TEX. FAM. CODE ANN. § 9.011(b) (West 2006).”
Isabel Pikulin v. Edward Rustlaw Pikulin (2021) texapp “” TEX. FAM. CODE ANN. § 9.011(b) (West 2020).”
Michelena v. Michelena (2022) txsb “011 created a “constructive trust,” and plaintiff could not demonstrate that former husband-debtor held an express or technical trust over assets which belonged to her pursuant to a divorce decree); see also In re Atherton, 1999 U.S. App. LEXIS 39789 , at *7 (holding that “Texas…”
Show all 14 citing cases →
— Tex. Fam. Code § 9.011(b) — 5 cases
In Re Presto (2007) txsb “The Texas Family Code further provides, “The subsequent actual receipt by the non-owning party of property awarded to the owner in a decree of divorce or annulment creates a fiduciary obligation in favor of the owner and imposes a constructive trust on the property for the…”
Berger v. Jacobson (In Re Jacobson) (2010) txsb “Accordingly, this Court looks to Tex. Fam.Code Ann. §§ 9.011 and 9.012 (the Family Code), which provides that: Section 9.”
John Vanderkam v. Melissa Vanderkam (2015) cadc “” Tex. Fam. Code Ann. § 9.011 (b). Despite conceding that ERISA vested the survivor benefit in Melissa, John argues that the divorce decree and this Texas statute entitle him to a declaration that he “has equitable title” to Melissa’s survivor benefit, and that upon receipt of…”
Geary H. Lee v. Elizabeth Deanne Holoubek, F/K/A Elizabeth Deanne Lee (2016) texapp “” TEX. FAM. CODE ANN. § 9.011(b) (West 2006).”
Isabel Pikulin v. Edward Rustlaw Pikulin (2021) texapp “” TEX. FAM. CODE ANN. § 9.011(b) (West 2020).”
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