Tex. Fam. Code § 3.104 · Subchapter B. MANAGEMENT, CONTROL, AND DISPOSITION OF MARITAL PROPERTY
PROTECTION OF THIRD PERSONS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) During marriage, property is presumed to be subject to the sole management, control, and disposition of a spouse if it is held in that spouse's name, as shown by muniment, contract, deposit of funds, or other evidence of ownership, or if it is in that spouse's possession and is not subject to such evidence of ownership.
(b) A third person dealing with a spouse is entitled to rely, as against the other spouse or anyone claiming from that spouse, on that spouse's authority to deal with the property if:
(1) the property is presumed to be subject to the sole management, control, and disposition of the spouse; and
(2) the person dealing with the spouse:
(A) is not a party to a fraud on the other spouse or another person; and
(B) does not have actual or constructive notice of the spouse's lack of authority.
Notes and commentary — not statutory text
History
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FA/htm/FA.3.htm
- Text hash
- sha256 1452b8fd2a05a02ba01d40b20ddfa18fd0a2cde2718318ee911cb23558639f1b
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.