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Tex. Fam. Code § 3.104

PROTECTION OF THIRD PERSONS

Applied in 15 court decisions — leading case Jasek v. Texas Department of Family & Protective Services (2011)

Most recently applied in United States v. Tracts 31A, Lots 31 & 32, Lafitte's Landing Phase Two Port Arthur, Jefferson County Texas (March 2017)

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff

How often courts cite this section

20012010201730
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

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