Tex. Fam. Code § 9.201-9.205

TEXAS FAMILY CODE Chapter 9, Subchapter C — POST-DECREE DIVISION OF PROPERTY CHAPTER 9 • POST-DECREE PROCEEDINGS Subchapter C: POST-DECREE DIVISION OF PROPERTY Sec. 9.201. PROCEDURE FOR DIVISION OF CERTAIN PROPERTY NOT DIVIDED ON DIVORCE OR ANNULMENT. (a) Either former spouse may file a suit as provided by this subchapter to divide property not divided or awarded to a spouse in a final decree of divorce or annulment. (b) Except as otherwise provided by this subchapter, the suit is governed by the Texas Rules of Civil Procedure applicable to the filing of an original lawsuit. (c) Notwithstanding any other provision of this chapter, the court that rendered a final decree of divorce or annulment or another final order dividing property under this title retains continuing, exclusive jurisdiction to render an order under this subchapter to divide property not divided or awarded to a spouse in the final decree. Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Amended by: Acts 2025, 89th Leg., R.S., Ch. 571 (H.B. 1916), Sec. 1, eff. September 1, 2025. Sec. 9.202. LIMITATIONS. (a) A suit under this subchapter must be filed before the second anniversary of the date a former spouse unequivocally repudiates the existence of the ownership interest of the other former spouse and communicates that repudiation to the other former spouse. (b) The two-year limitations period is tolled for the period that a court of this state does not have jurisdiction over the former spouses or over the property. Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Sec. 9.203. DIVISION OF UNDIVIDED ASSETS WHEN PRIOR COURT HAD JURISDICTION. (a) If a court of this state failed to dispose of property subject to division in a final decree of divorce or annulment even though the court had jurisdiction over the spouses or over the property, the rt of this state failed to dispose of property subject to division in a final decree of divorce or annulment even though the court had jurisdiction over the spouses or over the property, the court shall divide the property in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage. (b) If a final decree of divorce or annulment rendered by a court in another state failed to dispose of property subject to division under the law of that state even though the court had jurisdiction to do so, a court of this state shall apply the law of the other state regarding undivided property as required by Section 1, Article IV, United States Constitution (the full faith and credit clause), and enabling federal statutes. Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Sec. 9.204. DIVISION OF UNDIVIDED ASSETS WHEN PRIOR COURT LACKED JURISDICTION. (a) If a court of this state failed to dispose of property subject to division in a final decree of divorce or annulment because the court lacked jurisdiction over a spouse or the property, and if that court subsequently acquires the requisite jurisdiction, that court may divide the property in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage. (b) If a final decree of divorce or annulment rendered by a court in another state failed to dispose of property subject to division under the law of that state because the court lacked jurisdiction over a spouse or the property, and if a court of this state subsequently acquires the requisite jurisdiction over the former spouses or over the property, the court in this state may divide the property in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage. Added b the court in this state may divide the property in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage. Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 9, Subchapter C — POST-DECREE DIVISION OF PROPERTY Sec. 9.205. ATTORNEY'S FEES, COURT COSTS, AND EXPENSES. In a proceeding to divide property previously undivided in a decree of divorce or annulment as provided by this subchapter, the court may award reasonable and necessary attorney's fees, court costs, and expenses. The court may order the attorney's fees, court costs, and expenses to be paid directly to the attorney, who may enforce the order in the attorney's own name by any means available for the enforcement of a judgment for debt. Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Amended by: Acts 2009, 81st Leg., R.S., Ch. 768 (S.B. 866), Sec. 10, eff. September 1, 2009. Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 12, eff. September 1, 2025. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2