relating to claims for reimbursement between marital estates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3.401, Family Code, is amended by adding
Subdivisions (1) and (2) to read as follows:
(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.
SECTION 2. Section 3.402, Family Code, is amended to read as
follows:
Sec. 3.402. CLAIM FOR REIMBURSEMENT; OFFSETS. (a) A claim
for reimbursement exists when one or both spouses use property of
one marital estate to confer on the property of another marital
estate a benefit which, if not repaid, would result in unjust
enrichment to the benefited estate [For purposes of this
subchapter, a claim for reimbursement includes:
[(1)payment by one marital estate of the unsecured
liabilities of another marital estate;
[(2)inadequate compensation for the time, toil,
talent, and effort of a spouse by a business entity under the
control and direction of that spouse;
[(3)the reduction of the principal amount of a debt
secured by a lien on property owned before marriage, to the extent
the debt existed at the time of marriage;
[(4)the reduction of the principal amount of a debt
secured by a lien on property received by a spouse by gift, devise,
or descent during a marriage, to the extent the debt existed at the
time the property was received;
[(5)the reduction of the principal amount of that
part of a debt, including a home equity loan:
[(A) incurred during a marriage;
[(B) secured by a lien on property; and
[(C)incurred for the acquisition of, or for
capital improvements to, property;
[(6)the reduction of the principal amount of that
part of a debt:
[(A) incurred during a marriage;
[(B)secured by a lien on property owned by a
spouse;
[(C)for which the creditor agreed to look for
repayment solely to the separate marital estate of the spouse on
whose property the lien attached; and
[(D)incurred for the acquisition of, or for
capital improvements to, property;
[(7)the refinancing of the principal amount described
by Subdivisions (3)-(6), to the extent the refinancing reduces that
principal amount in a manner described by the applicable
subdivision;
[(8)capital improvements to property other than by
incurring debt; and
[(9)the reduction by the community property estate of
an unsecured debt incurred by the separate estate of one of the
spouses].
(b) A spouse seeking reimbursement to a marital estate must
prove:
(1)that the spouse or both spouses used property of
the marital estate to confer a benefit on the property of another
marital estate;
(2)the value of the benefit described by Subdivision
(1); and
(3)that unjust enrichment of the benefited estate
will occur if the benefited estate is not required to reimburse the
conferring estate.
(c)For purposes of this subchapter, the property of a
marital estate confers a benefit on another marital estate's
property if:
(1)one or both spouses used property of the
conferring estate to pay a debt, liability, or expense that in
equity and good conscience should have been paid from the benefited
Statutes affected: Introduced: Family Code 3.401, Family Code 3.402, Family Code 3.404, Family Code 3.406 (Family Code 3) House Committee Report: Family Code 3.401, Family Code 3.402, Family Code 3.404, Family Code 3.406 (Family Code 3) Engrossed: Family Code 3.401, Family Code 3.402, Family Code 3.404, Family Code 3.406 (Family Code 3) Senate Committee Report: Family Code 3.401, Family Code 3.402, Family Code 3.404, Family Code 3.406 (Family Code 3) Enrolled: Family Code 3.401, Family Code 3.402, Family Code 3.404, Family Code 3.406 (Family Code 3)