Public-domain · open source
OpenJurist

Tex. Fam. Code § 3.008

PROPERTY INTEREST IN CERTAIN INSURANCE PROCEEDS

Applied in 2 court decisions — leading case Peck v. Peck (2005)

Most recently applied in In re the Marriage of Bradshaw (February 2016)

Added by Acts 2005, 79th Leg., Ch. 490 (H.B. 410), Sec. 1, eff

(a) Insurance proceeds paid or payable that arise from a casualty loss to property during marriage are characterized in the same manner as the property to which the claim is attributable.

(b) If a person becomes disabled or is injured, any disability insurance payment or workers' compensation payment is community property to the extent it is intended to replace earnings lost while the disabled or injured person is married. To the extent that any insurance payment or workers' compensation payment is intended to replace earnings while the disabled or injured person is not married, the recovery is the separate property of the disabled or injured spouse.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.