Bill Text: TX HJR53 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Proposing a constitutional amendment authorizing a court to partition the community property and to characterize future earnings of spouses as separate property on legal separation of the spouses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-02-06 - Referred to Judiciary & Civil Jurisprudence [HJR53 Detail]
Download: Texas-2013-HJR53-Introduced.html
83R877 JSC-D | ||
By: Dutton | H.J.R. No. 53 |
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proposing a constitutional amendment authorizing a court to | ||
partition the community property and to characterize future | ||
earnings of spouses as separate property on legal separation of the | ||
spouses. | ||
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 15, Article XVI, Texas Constitution, is | ||
amended to read as follows: | ||
Sec. 15. (a) All property, both real and personal, of a | ||
spouse owned or claimed before marriage, and that acquired | ||
afterward by gift, devise or descent, shall be the separate | ||
property of that spouse; and laws shall be passed more clearly | ||
defining the rights of the spouses, in relation to separate and | ||
community property; provided that persons about to marry and | ||
spouses, without the intention to defraud pre-existing creditors, | ||
may by written instrument from time to time partition between | ||
themselves all or part of their property, then existing or to be | ||
acquired, or exchange between themselves the community interest of | ||
one spouse or future spouse in any property for the community | ||
interest of the other spouse or future spouse in other community | ||
property then existing or to be acquired, whereupon the portion or | ||
interest set aside to each spouse shall be and constitute a part of | ||
the separate property and estate of such spouse or future spouse; | ||
spouses also may from time to time, by written instrument, agree | ||
between themselves that the income or property from all or part of | ||
the separate property then owned or which thereafter might be | ||
acquired by only one of them, shall be the separate property of that | ||
spouse; if one spouse makes a gift of property to the other that | ||
gift is presumed to include all the income or property which might | ||
arise from that gift of property; spouses may agree in writing that | ||
all or part of their community property becomes the property of the | ||
surviving spouse on the death of a spouse; and spouses may agree in | ||
writing that all or part of the separate property owned by either or | ||
both of them shall be the spouses' community property. | ||
(b) In a legal separation proceeding, a court may | ||
permanently partition the community property of the spouses to | ||
provide that the property itself and the future income from that | ||
property is the separate property of a spouse, and may allocate | ||
future earnings of each spouse as the separate property of that | ||
spouse. Laws shall be passed clearly defining the nature of | ||
property on legal separation of the spouses. | ||
SECTION 2. This proposed constitutional amendment shall be | ||
submitted to the voters at an election to be held November 5, 2013. | ||
The ballot shall be printed to permit voting for or against the | ||
proposition: "The constitutional amendment authorizing a court to | ||
partition the community property and to characterize future | ||
earnings of spouses as separate property on legal separation of the | ||
spouses." |