Sec. 9.201. PROCEDURE FOR DIVISION OF CERTAIN PROPERTY NOT DIVIDED ON DIVORCE OR ANNULMENT. (a) Either former spouse may file a suit as provided by this subchapter to divide property not divided or awarded to a spouse in a final decree of divorce or annulment.
(b) Except as otherwise provided by this subchapter, the suit is governed by the Texas Rules of Civil Procedure applicable to the filing of an original lawsuit.
(c) Notwithstanding any other provision of this chapter, the court that rendered a final decree of divorce or annulment or another final order dividing property under this title retains continuing, exclusive jurisdiction to render an order under this subchapter to divide property not divided or awarded to a spouse in the final decree.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 571 (H.B. 1916), Sec. 1, eff. September 1, 2025.
Notes of Decisions
Cited in
42
cases (
11 in the last 5 years), 1998–2026 · leading case:
Brown v. Brown, 236 S.W.3d 343 (Tex. App. 2007).
Brown v. Brown, 236 S.W.3d 343 (Tex. App. 2007).
· cites it 2× “See Tex. Fam.Code Ann. § 9.201 (Vernon 2006).”
in Re Alba Zuyapa Martinez, 478 S.W.3d 123 (Tex. App. 2015).
· cites it 2× “Though Ivan or Alba could file suit under Texas Family Code section 9.201 seeking a division of property allegedly not divided or awarded to either spouse in the Divorce Decree, such a suit would not provide a means for the trial court, after expiration of plenary power, to sign…”
Renee Sheree O'Carolan v. Gary D. Hopper, 414 S.W.3d 288 (Tex. App. 2013).
“27 *313 See Tex. Fam.Code Ann. §§ 9.201, .203 (West 2006) (establishing procedure for division of property not divided or awarded to spouses in divorce decree); Tex.”
Mayes v. Stewart, 11 S.W.3d 440 (Tex. App. 2000).
“Tex. Fam.Code Ann. § 9.202(a) (Vernon 1998) (former Tex.”
Mugica v. Helena Chem. Co. (In Re Mugica), 362 B.R. 782 (Bankr. S.D. Tex. 2007).
“Tex. Fam.Code § 9.201. To this Court's knowledge, neither party has filed suit to determine the extent of ownership over these claims.”
Kadlecek v. Kadlecek, 93 S.W.3d 903 (Tex. App. 2002).
“See Tex. Fam.Code Ann. § 9.201 (West 1998). Specifically, Marilyn alleged that the divorce decree failed to partition the federal civil-service survivor annuity, which Edward had earned during their marriage.”
Stanley v. Riney, 970 S.W.2d 636 (Tex. App. 1998).
“We overrule point of error five and affirm the judgment of the trial court. 1 . Riney also sued Stanley’s attorneys, alleging fraud and conspiracy, among other causes of action, 2 .”
— Tex. Fam. Code § 9.201(a) — 4 cases
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