(a) A spouse may file a sworn petition stating the facts that make it desirable for the petitioning spouse to manage, control, and dispose of community property described or defined in the petition that would otherwise be subject to the sole or joint management, control, and disposition of the other spouse if:
(1) the other spouse has disappeared and that spouse’s location remains unknown to the petitioning spouse, unless the spouse is reported to be a prisoner of war or missing on public service;(2) the other spouse has permanently abandoned the petitioning spouse; or(3) the spouses are permanently separated.(b) The petition may be filed in a court in the county in which the petitioner resided at the time the separation began, or the abandonment or disappearance occurred, not earlier than the 60th day after the date of the occurrence of the event. If both spouses are nonresidents of this state at the time the petition is filed, the petition may be filed in a court in a county in which any part of the described or defined community property is located.
Tex. Fam. Code ยง 3.301
Amended by Acts 2001, 77th Leg., ch. 217, Sec. 23, eff. Sept. 1, 2001.Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
