Texas Family Code

§ 3.402 — CLAIM FOR REIMBURSEMENT; OFFSETS

FA § 3.402Title 1. THE MARRIAGE RELATIONSHIP · Part B. PROPERTY RIGHTS AND LIABILITIES · Ch. 3. MARITAL PROPERTY RIGHTS AND LIABILITIES · Art. E. CLAIMS FOR REIMBURSEMENT

Statute text

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(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 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:

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Legislative history

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.