bill giving a spouse the house during some divorces

The text as introduced · 561 words

89R2575 AMF-D

By: Manuel
H.B. No. 1753

A BILL TO BE ENTITLED

AN ACT

relating to a court order for the exclusive occupancy of the primary

residence or other residential property by a spouse during the

pendency of a suit for dissolution of a marriage.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 6.502, Family Code, is amended by

amending Subsection (a) and adding Subsections (d), (e), and (f) to

read as follows:

(a) While a suit for dissolution of a marriage is pending

and on the motion of a party or on the court's own motion after

notice and hearing, the court may render an appropriate order,

including the granting of a temporary injunction for the

preservation of the property and protection of the parties as

deemed necessary and equitable and including an order directed to

one or both parties:

(1) requiring a sworn inventory and appraisement of

the real and personal property owned or claimed by the parties and

specifying the form, manner, and substance of the inventory and

appraisal and list of debts and liabilities;

(2) requiring payments to be made for the support of

either spouse;

(3) requiring the production of books, papers,

documents, and tangible things by a party;

(4) ordering payment of reasonable attorney's fees and

expenses;

(5) appointing a receiver for the preservation and

protection of the property of the parties;

(6) awarding one spouse exclusive occupancy of the

primary residence or other residential property during the pendency

of the case;

(7) prohibiting the parties, or either party, from

spending funds beyond an amount the court determines to be for

reasonable and necessary living expenses;

(8) awarding one spouse exclusive control of a party's

usual business or occupation; or

(9) prohibiting an act described by Section 6.501(a).

(d) While a suit for dissolution of a marriage is pending

and on the motion of a party, the court shall render an appropriate

order awarding the party exclusive occupancy of the primary

residence during the pendency of the suit under Subsection (a)(6)

if the adverse party has, during the pendency of the suit or in the

three-year period preceding the date the suit was filed, been

convicted of or placed on deferred adjudication community

supervision for:

(1) a felony offense under Title 5, Penal Code, for

which the court has made an affirmative finding that the offense

involved family violence under Article 42.013, Code of Criminal

Procedure, that was committed against the party filing the motion

or a member of that party's family or household; or

(2) an offense under Section 25.11, Penal Code,

committed against the party filing the motion or a member of that

party's family or household.

(e) A party that has been awarded exclusive occupancy of the

primary residence under Subsection (d) may file a motion to vacate

that order at any time during the pendency of the suit.

(f) In this section:

(1) "Family" has the meaning assigned by Section

71.003.

(2) "Household" has the meaning assigned by Section

71.005.

SECTION 2. The change in law made by this Act applies to a

suit for dissolution of a marriage that is pending in a trial court

on the effective date of this Act or that is filed on or after the

effective date of this Act.

SECTION 3. This Act takes effect September 1, 2025.