Texas § ES.1353.005 - ADMINISTRATION OF CERTAIN PROPERTY BY NON-INCAPACITATED SPOUSE

§ ES.1353.005. ADMINISTRATION OF CERTAIN PROPERTY BY NON-INCAPACITATED SPOUSE

ADMINISTRATION OF CERTAIN PROPERTY BY NON-INCAPACITATED SPOUSE. (a) On a person's removal as community administrator or on qualification of a guardian of the estate of the person's incapacitated spouse under Section 1353.004 , as appropriate, a spouse who is not incapacitated shall continue to administer: (1) the person's own separate property; (2) any community property that is subject to the person's sole management, control, and disposition under Section 3.102 , Family Code; (3) either: (A) any community property subject to the spouses' joint management, control, and disposition under Section 3.102 , Family Code; or (B) if the person is required to deliver a portion of that community property described by Paragraph (A) to the guardian of the estate of the person's incapacitated spouse under Section 1353.004 (c), only the portion of the community property remaining after delivery; and (4) any income earned on property described by this section the person is authorized to administer. (b) Community property administered under this section by a spouse who is not incapacitated is considered that spouse's community property, subject to that spouse's sole management, control, and disposition under Section 3.102 , Family Code. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759 ), Sec. 1.02, eff. January 1, 2014.