Tex. Fam. Code § 3.401-3.409

TEXAS FAMILY CODE Chapter 3, Subchapter E — CLAIMS FOR REIMBURSEMENT CHAPTER 3 • MARITAL PROPERTY RIGHTS AND LIABILITIES Subchapter E: CLAIMS FOR REIMBURSEMENT 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 (3) Repealed by Acts 2009, 81st Leg., R.S., Ch. 768, Sec. 11(2), eff.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. 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. (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 es 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 estate's property; (2) one or both spouses used property of the conferring estate to make improvements on the benefited estate's real property, and the improvements resulted in an enhancement in the value of the benefited estate's real property; or (3) one or both spouses used time, toil, talent, or effort to enhance the value of property of a spouse's separate estate beyond that which was reasonably necessary to manage and preserve the spouse's separate property, and for which the community marital estate did not receive adequate compensation. (d) For purposes of this subchapter, the value of the benefit conferred by the property of one marital estate on the property of another marital estate is determined as of the date of the trial's commencement and: (1) if the benefit resulted from the use of the conferring estate's property to pay a debt, liability, or expense that in equity and good conscience should have been paid from the benefited estate's property, then the value of the benefit conferred is Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 3, Subchapter E — CLAIMS FOR REIMBURSEMENT measured by the amount of is Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 3, Subchapter E — CLAIMS FOR REIMBURSEMENT measured by the amount of the debt, liability, or expense paid by the conferring estate; (2) if the benefit resulted from the use of the conferring estate's property to make improvements on the benefited estate's real property, then the value of the benefit conferred is measured by the enhancement in the value of the benefited estate's real property that resulted from the improvements; or (3) if the benefit resulted from the use of time, toil, talent, or effort to enhance the value of property of a spouse's separate estate, then the value of the benefit conferred is measured by the value of the time, toil, talent, or effort beyond that which was reasonably necessary to manage and preserve the spouse's separate property. (e) The determination of whether unjust enrichment will occur if one marital estate is not required to reimburse another marital estate is a question for the court to decide. (f) The court shall resolve a claim for reimbursement by using equitable principles, including the principle that claims for reimbursement may be offset against each other if the court determines it to be appropriate. (g) A claim for reimbursement of a marital estate by one spouse may be offset by the value of any related benefit that the other spouse proves that the conferring estate received from the benefited estate, including: (1) the value of the use and enjoyment of the property by the conferring estate, except that the separate marital estate of a spouse may not claim an offset for use and enjoyment of a primary or secondary residence owned wholly or partly by the separate marital estate against contributions made by the community marital estate to the separate marital estate; (2) income received by the conferring estate from the property of the benefited estate; or (3) any reduction gainst contributions made by the community marital estate to the separate marital estate; (2) income received by the conferring estate from the property of the benefited estate; or (3) any reduction in the amount of any income tax obligation of the conferring estate by virtue of the conferring estate claiming tax-deductible items relating to the property of the benefited estate, such as depreciation, interest, taxes, maintenance, or other deductible payments. (h) The party seeking an offset to a claim for reimbursement has the burden of proof with respect to the offset. 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. 3, eff. September 1, 2009. Acts 2023, 88th Leg., R.S., Ch. 411 (H.B. 1547), Sec. 2, eff. September 1, 2023. 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. 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 A 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. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 3, Subchapter E — CLAIMS FOR REIMBURSEMENT 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. 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. ; (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. 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. 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. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3