Section 3.406 – Equitable Lien

May 14, 2021 | Family Law, Texas

(a) On dissolution of a marriage, the court may impose an equitable lien on the property of a benefited marital estate to secure a claim for reimbursement against that property by a contributing marital 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 marital estate to secure a claim for reimbursement against that property by a contributing marital estate.
(c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 768, Sec. 11(4), eff. September 1, 2009.

Tex. Fam. Code ยง 3.406

Amended by Acts 2017, Texas Acts of the 85th Leg. – Regular Session, ch. 324,Sec. 22.013, eff. 9/1/2017.
Amended By Acts 2009, 81st Leg., R.S., Ch. 768, Sec. 5, eff. September 1, 2009.
Amended By Acts 2009, 81st Leg., R.S., Ch. 768, Sec. 11(4), eff. September 1, 2009.
Amended by Acts 2001, 77th Leg., ch. 838, Sec. 2, eff. Sept. 1, 2001.
Added by Acts 1999, 76th Leg., ch. 692, Sec. 2, eff. Sept. 1, 1999.