reglab/statecodes huggingface dataset:
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter D. Management, Control, and Disposition of Marital Property Under Unusual Circumstances › Section 3.305. Citation by Publication

Sec. 3.305.  CITATION BY PUBLICATION.  (a)  Except as provided by Section 17.032, Civil Practice and Remedies Code, if the residence of the respondent, other than a respondent reported to be a prisoner of war or missing on public service, is unknown, citation shall be published on the public information Internet website maintained as required by Section 72.034, Government Code, and in a newspaper of general circulation published in the county in which the petition was filed.
(b)  The notice shall be published on the public information Internet website for at least two consecutive weeks before the hearing and in a newspaper once a week for two consecutive weeks before the hearing.  Neither notice may be initially published after the 20th day before the date set for the hearing.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 10.09, eff. June 1, 2020.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter D. Management, Control, and Disposition of Marital Property Under Unusual Circumstances › Section 3.306. Court Order for Management, Control, and Disposition of Community Property

Sec. 3.306.  COURT ORDER FOR MANAGEMENT, CONTROL, AND DISPOSITION OF COMMUNITY PROPERTY.  (a)  After hearing the evidence in a suit under this subchapter, the court, on terms the court considers just and equitable, shall render an order describing or defining the community property at issue that will be subject to the management, control, and disposition of each spouse during marriage.
(b)  The court may:
(1)  impose any condition and restriction the court deems necessary to protect the rights of the respondent;
(2)  require a bond conditioned on the faithful administration of the property;  and
(3)  require payment to the registry of the court of all or a portion of the proceeds of the sale of the property, to be disbursed in accordance with the court's further directions.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter D. Management, Control, and Disposition of Marital Property Under Unusual Circumstances › Section 3.307. Continuing Jurisdiction of Court; Vacating Original Order

Sec. 3.307.  CONTINUING JURISDICTION OF COURT;  VACATING ORIGINAL ORDER.  (a)  The court has continuing jurisdiction over the court's order rendered under this subchapter.
(b)  On the motion of either spouse, the court shall amend or vacate the original order after notice and hearing if:
(1)  the spouse who disappeared reappears;
(2)  the abandonment or permanent separation ends;  or
(3)  the spouse who was reported to be a prisoner of war or missing on public service returns.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Amended by Acts 2001, 77th Leg., ch. 217, Sec. 24, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter D. Management, Control, and Disposition of Marital Property Under Unusual Circumstances › Section 3.308. Recording Order to Affect Real Property

Sec. 3.308.  RECORDING ORDER TO AFFECT REAL PROPERTY.  An order authorized by this subchapter affecting real property is not constructive notice to a good faith purchaser for value or to a creditor without actual notice unless the order is recorded in the deed records of the county in which the real property is located.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter D. Management, Control, and Disposition of Marital Property Under Unusual Circumstances › Section 3.309. Remedies Cumulative

Sec. 3.309.  REMEDIES CUMULATIVE.  The remedies provided in this subchapter are cumulative of other rights, powers, and remedies afforded spouses by law.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter E. Claims for Reimbursement › Section 3.401. Definitions

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.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter E. Claims for Reimbursement › Section 3.404. Application of Inception of Title Rule; Ownership Interest Not Created

Sec. 3.404.  APPLICATION OF INCEPTION OF TITLE RULE;  OWNERSHIP INTEREST NOT CREATED.  (a)  This subchapter does not affect the rule of inception of title under which the character of property is determined at the time the right to own or claim the property arises.
(b)  A claim for reimbursement under this subchapter does not create an ownership interest in property, but does create a claim against the property of the benefited estate by the conferring estate.  The claim matures on dissolution of the marriage or the death of either 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. 4, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 411 (H.B. 1547), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter E. Claims for Reimbursement › Section 3.405. Management Rights

Sec. 3.405.  MANAGEMENT RIGHTS.  This subchapter does not affect the right to manage, control, or dispose of marital property as provided by this chapter.
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.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter E. Claims for Reimbursement › Section 3.406. Equitable Lien

Sec. 3.406.  EQUITABLE LIEN.  (a)  On dissolution of a marriage, the court may impose an equitable lien on the property of a benefited estate to secure a claim for reimbursement against that property by a conferring estate.
(b)  On the death of a spouse, a court may, on application for a claim for reimbursement brought by the surviving spouse, the personal representative of the estate of the deceased spouse, or any other person interested in the estate, as defined by Chapter 22, Estates Code, impose an equitable lien on the property of a benefited estate to secure a claim for reimbursement against that property by a conferring estate.
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. 5, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 768 (S.B. 866), Sec. 11(4), eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.013, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 411 (H.B. 1547), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter E. Claims for Reimbursement › Section 3.409. Nonreimbursable Claims

Sec. 3.409.  NONREIMBURSABLE CLAIMS.  The court may not recognize a marital estate's claim for reimbursement for:
(1)  the payment of child support, alimony, or spousal maintenance;
(2)  the living expenses of a spouse or child of a spouse;
(3)  contributions of property of a nominal value;
(4)  the payment of a liability of a nominal amount;  or
(5)  a student loan owed by a spouse.
Added by Acts 2001, 77th Leg., ch. 838, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter E. Claims for Reimbursement › Section 3.410. Effect of Marital Property Agreements

Sec. 3.410.  EFFECT OF MARITAL PROPERTY AGREEMENTS.  A premarital or marital property agreement, whether executed before, on, or after September 1, 2009, that satisfies the requirements of Chapter 4 is effective to waive, release, assign, or partition a claim for economic contribution, reimbursement, or both, under this subchapter to the same extent the agreement would have been effective to waive, release, assign, or partition a claim for economic contribution, reimbursement, or both under the law as it existed immediately before September 1, 2009, unless the agreement provides otherwise.
Added 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. 6, eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter E. Claims for Reimbursement › Section 3.411. Cumulative Remedies

Sec. 3.411.  CUMULATIVE REMEDIES.  The remedies provided by this subchapter are not exclusive and are in addition to any other remedy provided by law.
Added by Acts 2023, 88th Leg., R.S., Ch. 411 (H.B. 1547), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 4 - Premarital and Marital Property Agreements › Subchapter A. Uniform Premarital Agreement Act › Section 4.001. Definitions

Sec. 4.001.  DEFINITIONS.  In this subchapter:
(1)  "Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective on marriage.
(2)  "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 4 - Premarital and Marital Property Agreements › Subchapter A. Uniform Premarital Agreement Act › Section 4.002. Formalities

Sec. 4.002.  FORMALITIES.  A premarital agreement must be in writing and signed by both parties.  The agreement is enforceable without consideration.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 4 - Premarital and Marital Property Agreements › Subchapter A. Uniform Premarital Agreement Act › Section 4.003. Content

Sec. 4.003.  CONTENT.  (a)  The parties to a premarital agreement may contract with respect to:
(1)  the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
(2)  the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
(3)  the disposition of property on separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
(4)  the modification or elimination of spousal support;
(5)  the making of a will, trust, or other arrangement to carry out the provisions of the agreement;
(6)  the ownership rights in and disposition of the death benefit from a life insurance policy;
(7)  the choice of law governing the construction of the agreement;  and
(8)  any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
(b)  The right of a child to support may not be adversely affected by a premarital agreement.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 4 - Premarital and Marital Property Agreements › Subchapter A. Uniform Premarital Agreement Act › Section 4.004. Effect of Marriage

Sec. 4.004.  EFFECT OF MARRIAGE.  A premarital agreement becomes effective on marriage.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Sec. 4.005.  AMENDMENT OR REVOCATION.  After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties.  The amended agreement or the revocation is enforceable without consideration.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 4 - Premarital and Marital Property Agreements › Subchapter A. Uniform Premarital Agreement Act › Section 4.006. Enforcement

Sec. 4.006.  ENFORCEMENT.  (a)  A premarital agreement is not enforceable if the party against whom enforcement is requested proves that:
(1)  the party did not sign the agreement voluntarily;  or
(2)  the agreement was unconscionable when it was signed and, before signing the agreement, that party:
(A)  was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
(B)  did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided;  and
(C)  did not have, or reasonably could not have had, adequate knowledge of the property or financial obligations of the other party.
(b)  An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
(c)  The remedies and defenses in this section are the exclusive remedies or defenses, including common law remedies or defenses.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 4 - Premarital and Marital Property Agreements › Subchapter A. Uniform Premarital Agreement Act › Section 4.007. Enforcement: Void Marriage

Sec. 4.007.  ENFORCEMENT:  VOID MARRIAGE.  If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 4 - Premarital and Marital Property Agreements › Subchapter A. Uniform Premarital Agreement Act › Section 4.008. Limitation of Actions

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.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 4 - Premarital and Marital Property Agreements › Subchapter A. Uniform Premarital Agreement Act › Section 4.009. Application and Construction

Sec. 4.009.  APPLICATION AND CONSTRUCTION.  This subchapter shall be applied and construed to effect its general purpose to make uniform the law with respect to the subject of this subchapter among states enacting these provisions.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 4 - Premarital and Marital Property Agreements › Subchapter A. Uniform Premarital Agreement Act › Section 4.010. Short Title

Sec. 4.010.  SHORT TITLE.  This subchapter may be cited as the Uniform Premarital Agreement Act.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 4 - Premarital and Marital Property Agreements › Subchapter B. Marital Property Agreement › Section 4.101. Definition

Sec. 4.101.  DEFINITION.  In this subchapter, "property" has the meaning assigned by Section 4.001.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 4 - Premarital and Marital Property Agreements › Subchapter B. Marital Property Agreement › Section 4.102. Partition or Exchange of Community Property

Sec. 4.102.  PARTITION OR EXCHANGE OF COMMUNITY PROPERTY.  At any time, the spouses may partition or exchange between themselves all or part of their community property, then existing or to be acquired, as the spouses may desire.  Property or a property interest transferred to a spouse by a partition or exchange agreement becomes that spouse's separate property.  The partition or exchange of property may also provide that future earnings and income arising from the transferred property shall be the separate property of the owning spouse.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Amended by Acts 2003, 78th Leg., ch. 230, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 477 (H.B. 202), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 4 - Premarital and Marital Property Agreements › Subchapter B. Marital Property Agreement › Section 4.103. Agreement Between Spouses Concerning Income or Property From Separate Property

Sec. 4.103.  AGREEMENT BETWEEN SPOUSES CONCERNING INCOME OR PROPERTY FROM SEPARATE PROPERTY.  At any time, the spouses may agree that the income or property arising from the separate property that is then owned by one of them, or that may thereafter be acquired, shall be the separate property of the owner.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 4 - Premarital and Marital Property Agreements › Subchapter B. Marital Property Agreement › Section 4.104. Formalities

Sec. 4.104.  FORMALITIES.  A partition or exchange agreement under Section 4.102 or an agreement under Section 4.103 must be in writing and signed by both parties.  Either agreement is enforceable without consideration.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 477 (H.B. 202), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 4 - Premarital and Marital Property Agreements › Subchapter B. Marital Property Agreement › Section 4.105. Enforcement

Sec. 4.105.  ENFORCEMENT.  (a)  A partition or exchange agreement is not enforceable if the party against whom enforcement is requested proves that:
(1)  the party did not sign the agreement voluntarily;  or
(2)  the agreement was unconscionable when it was signed and, before execution of the agreement, that party:
(A)  was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
(B)  did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided;  and
(C)  did not have, or reasonably could not have had, adequate knowledge of the property or financial obligations of the other party.
(b)  An issue of unconscionability of a partition or exchange agreement shall be decided by the court as a matter of law.
(c)  The remedies and defenses in this section are the exclusive remedies or defenses, including common law remedies or defenses.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 4 - Premarital and Marital Property Agreements › Subchapter B. Marital Property Agreement › Section 4.106. Rights of Creditors and Recordation Under Partition or Exchange Agreement

Sec. 4.106.  RIGHTS OF CREDITORS AND RECORDATION UNDER PARTITION OR EXCHANGE AGREEMENT.  (a)  A provision of a partition or exchange agreement made under this subchapter is void with respect to the rights of a preexisting creditor whose rights are intended to be defrauded by it.
(b)  A partition or exchange agreement made under this subchapter may be recorded in the deed records of the county in which a party resides and in the county in which the real property affected is located.  An agreement made under this subchapter is constructive notice to a good faith purchaser for value or a creditor without actual notice only if the instrument is acknowledged and recorded in the county in which the real property is located.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 4 - Premarital and Marital Property Agreements › Subchapter C. Agreement to Convert Separate Property to Community Property › Section 4.201. Definition

Sec. 4.201.  DEFINITION.  In this subchapter, "property" has the meaning assigned by Section 4.001.
Added by Acts 1999, 76th Leg., ch. 692, Sec. 3, eff. Jan. 1, 2000.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 4 - Premarital and Marital Property Agreements › Subchapter C. Agreement to Convert Separate Property to Community Property › Section 4.202. Agreement to Convert to Community Property

Sec. 4.202.  AGREEMENT TO CONVERT TO COMMUNITY PROPERTY.  At any time, spouses may agree that all or part of the separate property owned by either or both spouses is converted to community property.
Added by Acts 1999, 76th Leg., ch. 692, Sec. 3, eff. Jan. 1, 2000.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 4 - Premarital and Marital Property Agreements › Subchapter C. Agreement to Convert Separate Property to Community Property › Section 4.203. Formalities of Agreement

Sec. 4.203.  FORMALITIES OF AGREEMENT.  (a)  An agreement to convert separate property to community property:
(1)  must be in writing and:
(A)  be signed by the spouses;
(B)  identify the property being converted;  and
(C)  specify that the property is being converted to the spouses' community property;  and
(2)  is enforceable without consideration.
(b)  The mere transfer of a spouse's separate property to the name of the other spouse or to the name of both spouses is not sufficient to convert the property to community property under this subchapter.
Added by Acts 1999, 76th Leg., ch. 692, Sec. 3, eff. Jan. 1, 2000.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 4 - Premarital and Marital Property Agreements › Subchapter C. Agreement to Convert Separate Property to Community Property › Section 4.204. Management of Converted Property

Sec. 4.204.  MANAGEMENT OF CONVERTED PROPERTY.  Except as specified in the agreement to convert the property and as provided by Subchapter B, Chapter 3, and other law, property converted to community property under this subchapter is subject to:
(1)  the sole management, control, and disposition of the spouse in whose name the property is held;
(2)  the sole management, control, and disposition of the spouse who transferred the property if the property is not subject to evidence of ownership;
(3)  the joint management, control, and disposition of the spouses if the property is held in the name of both spouses;  or
(4)  the joint management, control, and disposition of the spouses if the property is not subject to evidence of ownership and was owned by both spouses before the property was converted to community property.
Added by Acts 1999, 76th Leg., ch. 692, Sec. 3, eff. Jan. 1, 2000.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 4 - Premarital and Marital Property Agreements › Subchapter C. Agreement to Convert Separate Property to Community Property › Section 4.205. Enforcement

Sec. 4.205.  ENFORCEMENT.  (a)  An agreement to convert property to community property under this subchapter is not enforceable if the spouse against whom enforcement is sought proves that the spouse did not:
(1)  execute the agreement voluntarily;  or
(2)  receive a fair and reasonable disclosure of the legal effect of converting the property to community property.
(b)  An agreement that contains the following statement, or substantially similar words, prominently displayed in bold-faced type, capital letters, or underlined, is rebuttably presumed to provide a fair and reasonable disclosure of the legal effect of converting property to community property:
"THIS INSTRUMENT CHANGES SEPARATE PROPERTY TO COMMUNITY PROPERTY. THIS MAY HAVE ADVERSE CONSEQUENCES DURING MARRIAGE AND ON TERMINATION OF THE MARRIAGE BY DEATH OR DIVORCE. FOR EXAMPLE:
"EXPOSURE TO CREDITORS. IF YOU SIGN THIS AGREEMENT, ALL OR PART OF THE SEPARATE PROPERTY BEING CONVERTED TO COMMUNITY PROPERTY MAY BECOME SUBJECT TO THE LIABILITIES OF YOUR SPOUSE. IF YOU DO NOT SIGN THIS AGREEMENT, YOUR SEPARATE PROPERTY IS GENERALLY NOT SUBJECT TO THE LIABILITIES OF YOUR SPOUSE UNLESS YOU ARE PERSONALLY LIABLE UNDER ANOTHER RULE OF LAW.
"LOSS OF MANAGEMENT RIGHTS. IF YOU SIGN THIS AGREEMENT, ALL OR PART OF THE SEPARATE PROPERTY BEING CONVERTED TO COMMUNITY PROPERTY MAY BECOME SUBJECT TO EITHER THE JOINT MANAGEMENT, CONTROL, AND DISPOSITION OF YOU AND YOUR SPOUSE OR THE SOLE MANAGEMENT, CONTROL, AND DISPOSITION OF YOUR SPOUSE ALONE. IN THAT EVENT, YOU WILL LOSE YOUR MANAGEMENT RIGHTS OVER THE PROPERTY. IF YOU DO NOT SIGN THIS AGREEMENT, YOU WILL GENERALLY RETAIN THOSE RIGHTS."
"LOSS OF PROPERTY OWNERSHIP. IF YOU SIGN THIS AGREEMENT AND YOUR MARRIAGE IS SUBSEQUENTLY TERMINATED BY THE DEATH OF EITHER SPOUSE OR BY DIVORCE, ALL OR PART OF THE SEPARATE PROPERTY BEING CONVERTED TO COMMUNITY PROPERTY MAY BECOME THE SOLE PROPERTY OF YOUR SPOUSE OR YOUR SPOUSE'S HEIRS. IF YOU DO NOT SIGN THIS AGREEMENT, YOU GENERALLY CANNOT BE DEPRIVED OF OWNERSHIP OF YOUR SEPARATE PROPERTY ON TERMINATION OF YOUR MARRIAGE, WHETHER BY DEATH OR DIVORCE."
(c)  If a proceeding regarding enforcement of an agreement under this subchapter occurs after the death of the spouse against whom enforcement is sought, the proof required by Subsection (a) may be made by an heir of the spouse or the personal representative of the estate of that spouse.
Added by Acts 1999, 76th Leg., ch. 692, Sec. 3, eff. Jan. 1, 2000.  Amended by Acts 2003, 78th Leg., ch. 230, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 4 - Premarital and Marital Property Agreements › Subchapter C. Agreement to Convert Separate Property to Community Property › Section 4.206. Rights of Creditors; Recording

Sec. 4.206.  RIGHTS OF CREDITORS;  RECORDING.  (a)  A conversion of separate property to community property does not affect the rights of a preexisting creditor of the spouse whose separate property is being converted.
(b)  A conversion of separate property to community property may be recorded in the deed records of the county in which a spouse resides and of the county in which any real property is located.
(c)  A conversion of real property from separate property to community property is constructive notice to a good faith purchaser for value or a creditor without actual notice only if the agreement to convert the property is acknowledged and recorded in the deed records of the county in which the real property is located.
Added by Acts 1999, 76th Leg., ch. 692, Sec. 3, eff. Jan. 1, 2000.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 5 - Homestead Rights › Subchapter A. Sale of Homestead; General Rule › Section 5.001. Sale, Conveyance, or Encumbrance of Homestead

Sec. 5.001.  SALE, CONVEYANCE, OR ENCUMBRANCE OF HOMESTEAD.  Whether the homestead is the separate property of either spouse or community property, neither spouse may sell, convey, or encumber the homestead without the joinder of the other spouse except as provided in this chapter or by other rules of law.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 5 - Homestead Rights › Subchapter A. Sale of Homestead; General Rule › Section 5.002. Sale of Separate Homestead After Spouse Judicially Declared Incapacitated

Sec. 5.002.  SALE OF SEPARATE HOMESTEAD AFTER SPOUSE JUDICIALLY DECLARED INCAPACITATED.  If the homestead is the separate property of a spouse and the other spouse has been judicially declared incapacitated by a court exercising original jurisdiction over guardianship and other matters under Title 3, Estates Code, the owner may sell, convey, or encumber the homestead without the joinder of the other spouse.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Amended by Acts 2001, 77th Leg., ch. 217, Sec. 25, eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.014, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 5 - Homestead Rights › Subchapter A. Sale of Homestead; General Rule › Section 5.003. Sale of Community Homestead After Spouse Judicially Declared Incapacitated

Sec. 5.003.  SALE OF COMMUNITY HOMESTEAD AFTER SPOUSE JUDICIALLY DECLARED INCAPACITATED.  If the homestead is the community property of the spouses and one spouse has been judicially declared incapacitated by a court exercising original jurisdiction over guardianship and other matters under Title 3, Estates Code, the competent spouse may sell, convey, or encumber the homestead without the joinder of the other spouse.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Renumbered from Family Code Sec. 5.107 and amended by Acts 2001, 77th Leg., ch. 217, Sec. 29, eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.015, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 5 - Homestead Rights › Subchapter B. Sale of Homestead Under Unusual Circumstances › Section 5.101. Sale of Separate Homestead Under Unusual Circumstances

Sec. 5.101.  SALE OF SEPARATE HOMESTEAD UNDER UNUSUAL CIRCUMSTANCES.  If the homestead is the separate property of a spouse, that spouse may file a sworn petition that gives a description of the property, states the facts that make it desirable for the spouse to sell, convey, or encumber the homestead without the joinder of the other spouse, and alleges that the other spouse:
(1)  has disappeared and that the location of the spouse remains unknown to the petitioning spouse;
(2)  has permanently abandoned the homestead and the petitioning spouse;
(3)  has permanently abandoned the homestead and the spouses are permanently separated;  or
(4)  has been reported by an executive department of the United States to be a prisoner of war or missing on public service of the United States.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Amended by Acts 2001, 77th Leg., ch. 217, Sec. 26, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 5 - Homestead Rights › Subchapter B. Sale of Homestead Under Unusual Circumstances › Section 5.102. Sale of Community Homestead Under Unusual Circumstances

Sec. 5.102.  SALE OF COMMUNITY HOMESTEAD UNDER UNUSUAL CIRCUMSTANCES.  If the homestead is the community property of the spouses, one spouse may file a sworn petition that gives a description of the property, states the facts that make it desirable for the petitioning spouse to sell, convey, or encumber the homestead without the joinder of the other spouse, and alleges that the other spouse:
(1)  has disappeared and that the location of the spouse remains unknown to the petitioning spouse;
(2)  has permanently abandoned the homestead and the petitioning spouse;
(3)  has permanently abandoned the homestead and the spouses are permanently separated;  or
(4)  has been reported by an executive department of the United States to be a prisoner of war or missing on public service of the United States.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Amended by Acts 2001, 77th Leg., ch. 217, Sec. 27, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 5 - Homestead Rights › Subchapter B. Sale of Homestead Under Unusual Circumstances › Section 5.103. Time for Filing Petition

Sec. 5.103.  TIME FOR FILING PETITION.  The petitioning spouse may file the petition in a court of the county in which any portion of the property is located not earlier than the 60th day after the date of the occurrence of an event described by Sections 5.101(1)-(3) and 5.102(1)-(3) or not less than six months after the date the other spouse has been reported to be a prisoner of war or missing on public service.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Amended by Acts 2001, 77th Leg., ch. 217, Sec. 28, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 5 - Homestead Rights › Subchapter B. Sale of Homestead Under Unusual Circumstances › Section 5.104. Appointment of Attorney

Sec. 5.104.  APPOINTMENT OF ATTORNEY.  (a)  Except as provided by Subsection (b), the court may appoint an attorney in a suit filed under this subchapter for the respondent.
(b)  The court shall appoint an attorney in a suit filed under this subchapter for a respondent reported to be a prisoner of war or missing on public service.
(c)  The court shall allow a reasonable fee for the appointed attorney's services as a part of the costs of the suit.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 5 - Homestead Rights › Subchapter B. Sale of Homestead Under Unusual Circumstances › Section 5.105. Citation; Notice of Hearing

Sec. 5.105.  CITATION;  NOTICE OF HEARING.  Citation and notice of hearing for a suit filed as provided by this subchapter shall be issued and served in the manner provided in Subchapter D, Chapter 3.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 5 - Homestead Rights › Subchapter B. Sale of Homestead Under Unusual Circumstances › Section 5.106. Court Order

Sec. 5.106.  COURT ORDER.  (a)  After notice and hearing, the court shall render an order the court deems just and equitable with respect to the sale, conveyance, or encumbrance of a separate property homestead.
(b)  After hearing the evidence, the court, on terms the court deems just and equitable, shall render an order describing or defining the community property at issue that will be subject to the management, control, and disposition of each spouse during marriage.
(c)  The court may:
(1)  impose any conditions and restrictions the court deems necessary to protect the rights of the respondent;
(2)  require a bond conditioned on the faithful administration of the property;  and
(3)  require payment to the registry of the court of all or a portion of the proceeds of the sale of the property to be disbursed in accordance with the court's further directions.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 5 - Homestead Rights › Subchapter B. Sale of Homestead Under Unusual Circumstances › Section 5.108. Remedies and Powers Cumulative

Sec. 5.108.  REMEDIES AND POWERS CUMULATIVE.  The remedies and the powers of a spouse provided by this subchapter are cumulative of the other rights, powers, and remedies afforded the spouses by law.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 6 - Suit for Dissolution of Marriage › Subchapter A. Grounds for Divorce and Defenses › Section 6.001. Insupportability

Sec. 6.001.  INSUPPORTABILITY.  On the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 6 - Suit for Dissolution of Marriage › Subchapter A. Grounds for Divorce and Defenses › Section 6.002. Cruelty

Sec. 6.002.  CRUELTY.  The court may grant a divorce in favor of one spouse if the other spouse is guilty of cruel treatment toward the complaining spouse of a nature that renders further living together insupportable.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 6 - Suit for Dissolution of Marriage › Subchapter A. Grounds for Divorce and Defenses › Section 6.003. Adultery

Sec. 6.003.  ADULTERY.  The court may grant a divorce in favor of one spouse if the other spouse has committed adultery.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 6 - Suit for Dissolution of Marriage › Subchapter A. Grounds for Divorce and Defenses › Section 6.004. Conviction of Felony

Sec. 6.004.  CONVICTION OF FELONY.  (a)  The court may grant a divorce in favor of one spouse if during the marriage the other spouse:
(1)  has been convicted of a felony;
(2)  has been imprisoned for at least one year in the Texas Department of Criminal Justice, a federal penitentiary, or the penitentiary of another state; and
(3)  has not been pardoned.
(b)  The court may not grant a divorce under this section against a spouse who was convicted on the testimony of the other spouse.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.056, eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 6 - Suit for Dissolution of Marriage › Subchapter A. Grounds for Divorce and Defenses › Section 6.005. Abandonment

Sec. 6.005.  ABANDONMENT.  The court may grant a divorce in favor of one spouse if the other spouse:
(1)  left the complaining spouse with the intention of abandonment;  and
(2)  remained away for at least one year.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 6 - Suit for Dissolution of Marriage › Subchapter A. Grounds for Divorce and Defenses › Section 6.006. Living Apart

Sec. 6.006.  LIVING APART.  The court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least three years.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 6 - Suit for Dissolution of Marriage › Subchapter A. Grounds for Divorce and Defenses › Section 6.007. Confinement in Mental Hospital

Sec. 6.007.  CONFINEMENT IN MENTAL HOSPITAL.  The court may grant a divorce in favor of one spouse if at the time the suit is filed:
(1)  the other spouse has been confined in a state mental hospital or private mental hospital, as defined in Section 571.003, Health and Safety Code, in this state or another state for at least three years;  and
(2)  it appears that the hospitalized spouse's mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, a relapse is probable.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 6 - Suit for Dissolution of Marriage › Subchapter A. Grounds for Divorce and Defenses › Section 6.008. Defenses

Sec. 6.008.  DEFENSES.  (a)  The defenses to a suit for divorce of recrimination and adultery are abolished.
(b)  Condonation is a defense to a suit for divorce only if the court finds that there is a reasonable expectation of reconciliation.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 6 - Suit for Dissolution of Marriage › Subchapter B. Grounds for Annulment › Section 6.102. Annulment of Marriage of Person Under Age 18

Sec. 6.102.  ANNULMENT OF MARRIAGE OF PERSON UNDER AGE 18.  (a)  The court may grant an annulment of a marriage of a person 16 years of age or older but under 18 years of age that occurred without parental consent or without a court order as provided by Subchapters B and E, Chapter 2.
(b)  A petition for annulment under this section may be filed by:
(1)  a next friend for the benefit of the underage party;
(2)  a parent;  or
(3)  the judicially designated managing conservator or guardian of the person of the underage party, whether an individual, authorized agency, or court.
(c)  A suit filed under this subsection by a next friend is barred unless it is filed within 90 days after the date of the marriage.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 4.16, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 52 (S.B. 432), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 6 - Suit for Dissolution of Marriage › Subchapter B. Grounds for Annulment › Section 6.103. Underage Annulment Barred by Adulthood

Sec. 6.103.  UNDERAGE ANNULMENT BARRED BY ADULTHOOD.  A suit to annul a marriage may not be filed under Section 6.102 by a parent, managing conservator, or guardian of a person after the 18th birthday of the person.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 52 (S.B. 432), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 6 - Suit for Dissolution of Marriage › Subchapter B. Grounds for Annulment › Section 6.104. Discretionary Annulment of Underage Marriage

Sec. 6.104.  DISCRETIONARY ANNULMENT OF UNDERAGE MARRIAGE.  (a)  An annulment under Section 6.102 of a marriage may be granted at the discretion of the court sitting without a jury.
(b)  In exercising its discretion, the court shall consider the pertinent facts concerning the welfare of the parties to the marriage, including whether the female is pregnant.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 52 (S.B. 432), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 6 - Suit for Dissolution of Marriage › Subchapter B. Grounds for Annulment › Section 6.105. Under Influence of Alcohol or Narcotics

Sec. 6.105.  UNDER INFLUENCE OF ALCOHOL OR NARCOTICS.  The court may grant an annulment of a marriage to a party to the marriage if:
(1)  at the time of the marriage the petitioner was under the influence of alcoholic beverages or narcotics and as a result did not have the capacity to consent to the marriage;  and
(2)  the petitioner has not voluntarily cohabited with the other party to the marriage since the effects of the alcoholic beverages or narcotics ended.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 6 - Suit for Dissolution of Marriage › Subchapter B. Grounds for Annulment › Section 6.106. Impotency

Sec. 6.106.  IMPOTENCY.  The court may grant an annulment of a marriage to a party to the marriage if:
(1)  either party, for physical or mental reasons, was permanently impotent at the time of the marriage;
(2)  the petitioner did not know of the impotency at the time of the marriage;  and
(3)  the petitioner has not voluntarily cohabited with the other party since learning of the impotency.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 6 - Suit for Dissolution of Marriage › Subchapter B. Grounds for Annulment › Section 6.107. Fraud, Duress, or Force

Sec. 6.107.  FRAUD, DURESS, OR FORCE.  The court may grant an annulment of a marriage to a party to the marriage if:
(1)  the other party used fraud, duress, or force to induce the petitioner to enter into the marriage;  and
(2)  the petitioner has not voluntarily cohabited with the other party since learning of the fraud or since being released from the duress or force.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.