Texas § ES.123.056 - CERTAIN TRUSTS WITH DIVORCED INDIVIDUALS AS JOINT SETTLORS
Full text of Texas The Texas Constitution § ES.123.056 — CERTAIN TRUSTS WITH DIVORCED INDIVIDUALS AS JOINT SETTLORS, with citation guidance and answers to common questions.
§ ES.123.056. CERTAIN TRUSTS WITH DIVORCED INDIVIDUALS AS JOINT SETTLORS
CERTAIN TRUSTS WITH DIVORCED INDIVIDUALS AS JOINT SETTLORS. (a) This section applies only to a trust created under a trust instrument that: (1) was executed by two married individuals as settlors whose marriage to each other is subsequently dissolved; and (2) includes a provision described by Section 123.052 (a). (b) On the death of one of the divorced individuals who is a settlor of a trust to which this section applies, the trustee shall divide the trust into two trusts, each of which shall be composed of the property attributable to the contributions of only one of the divorced individuals. (c) An action authorized in a trust instrument described by Subsection (a) that requires the actions of both divorced individuals may be taken with respect to a trust established in accordance with Subsection (b) from the surviving divorced individual's contributions solely by that divorced individual. (d) The provisions of this subchapter apply independently to each trust established in accordance with Subsection (b) as if the divorced individual from whose contributions the trust was established had been the only settlor to execute the trust instrument described by Subsection (a). (e) This section does not apply if one of the following provides otherwise: (1) a court order; (2) the express terms of a trust instrument executed by the two divorced individuals before their marriage was dissolved; or (3) an express provision of a contract relating to the division of the marital estate entered into between the two divorced individuals before, during, or after their marriage. Added by Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271 ), Sec. 6, eff. September 1, 2017. SUBCHAPTER C. CERTAIN MARRIAGES VOIDABLE AFTER DEATH
Source: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § ES.123.056
What does The Texas Constitution § ES.123.056 cover?
Section ES.123.056 ("CERTAIN TRUSTS WITH DIVORCED INDIVIDUALS AS JOINT SETTLORS") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § ES.123.056?
A common citation format is "The Texas Constitution § ES.123.056" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § ES.123.056 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.