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MANAGEMENT, CONTROL, AND DISPOSITION OF MARITAL PROPERTY UNDER UNUSUAL CIRCUMSTANCESSec. 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.

(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.

MARITAL PROPERTY RIGHTS AND LIABILITIESSUBCHAPTER A. GENERAL RULES FOR SEPARATE AND COMMUNITY PROPERTYSec.

A spouse's separate property consists of:(1) the property owned or claimed by the spouse before marriage;(2) the property acquired by the spouse during marriage by gift, devise, or descent; and(3) the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage.

September 1, 2009.(b) Repealed by Acts 2009, 81st Leg., R.

September 1, 2009.(c) The separate property interest of a spouse in a defined contribution retirement plan may be traced using the tracing and characterization principles that apply to a nonretirement asset.(d) A spouse who is a participant in an employer-provided stock option plan or an employer-provided restricted stock plan has a separate property interest in the options or restricted stock granted to the spouse under the plan as follows:(1) if the option or stock was granted to the spouse before marriage but required continued employment during marriage before the grant could be exercised or the restriction removed, the spouse's separate property interest is equal to the fraction of the option or restricted stock in which:(A) the numerator is the sum of:(i) the period from the date the option or stock was granted until the date of marriage; and(ii) if the option or stock also required continued employment following the date of dissolution of the marriage before the grant could be exercised or the restriction removed, the period from the date of dissolution of the marriage until the date the grant could be exercised or the restriction removed; and(B) the denominator is the period from the date the option or stock was granted until the date the grant could be exercised or the restriction removed; and(2) if the option or stock was granted to the spouse during the marriage but required continued employment following the date of dissolution of the marriage before the grant could be exercised or the restriction removed, the spouse's separate property interest is equal to the fraction of the option or restricted stock in which:(A) the numerator is the period from the date of dissolution of the marriage until the date the grant could be exercised or the restriction removed; and(B) the denominator is the period from the date the option or stock was granted until the date the grant could be exercised or the restriction removed.(e) The computation described by Subsection (d) applies to each component of the benefit requiring varying periods of employment before the grant could be exercised or the restriction removed.(f) Repealed by Acts 2009, 81st Leg., R.

(a) A person is personally liable for the acts of the person's spouse only if:(1) the spouse acts as an agent for the person; or(2) the spouse incurs a debt for necessaries as provided by Subchapter F, Chapter 2.(b) Except as provided by this subchapter, community property is not subject to a liability that arises from an act of a spouse.(c) A spouse does not act as an agent for the other spouse solely because of the marriage relationship. If the community estate of the spouses and the separate estate of a spouse have an ownership interest in property, the respective ownership interests of the marital estates are determined by the rule of inception of title. PROPORTIONAL OWNERSHIP OF PROPERTY BY MARITAL ESTATES. (a) If the residence of the respondent, other than a respondent reported to be a prisoner of war or missing on public service, is unknown, citation shall be published in a newspaper of general circulation published in the county in which the petition was filed. (a) After hearing the evidence in a suit under this subchapter, the court, on terms the court considers just and equitable, shall render an order describing or defining the community property at issue that will be subject to the management, control, and disposition of each spouse during marriage.(b) The court may:(1) impose any condition and restriction the court deems necessary to protect the rights of the respondent;(2) require a bond conditioned on the faithful administration of the property; and(3) require payment to the registry of the court of all or a portion of the proceeds of the sale of the property, to be disbursed in accordance with the court's further directions.

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MANAGEMENT, CONTROL, AND DISPOSITION OF MARITAL PROPERTYSec.