Tex. Fam. Code Section 3.008
Property Interest in Certain Insurance Proceeds

(a)

Insurance proceeds paid or payable that arise from a casualty loss to property during marriage are characterized in the same manner as the property to which the claim is attributable.

(b)

If a person becomes disabled or is injured, any disability insurance payment or workers’ compensation payment is community property to the extent it is intended to replace earnings lost while the disabled or injured person is married. To the extent that any insurance payment or workers’ compensation payment is intended to replace earnings while the disabled or injured person is not married, the recovery is the separate property of the disabled or injured spouse.

Added by Acts 2005, 79th Leg., Ch. 490 (H.B. 410), Sec. 1, eff. September 1, 2005.

Source: Section 3.008 — Property Interest in Certain Insurance Proceeds, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.3.htm#3.008 (accessed Apr. 13, 2024).

3.001
Separate Property 3.002
Community Property 3.003
Presumption of Community Property 3.004
Recordation of Separate Property 3.005
Gifts Between Spouses 3.006
Proportional Ownership of Property by Marital Estates 3.007
Property Interest in Certain Employee Benefits 3.008
Property Interest in Certain Insurance Proceeds 3.101
Managing Separate Property 3.102
Managing Community Property 3.103
Managing Earnings of Minor 3.104
Protection of Third Persons 3.201
Spousal Liability 3.202
Rules of Marital Property Liability 3.203
Order in Which Property Is Subject to Execution 3.301
Missing, Abandoned, or Separated Spouse 3.302
Spouse Missing on Public Service 3.303
Appointment of Attorney 3.304
Notice of Hearing 3.305
Citation by Publication 3.306
Court Order for Management, Control, and Disposition of Community Property 3.307
Continuing Jurisdiction of Court 3.308
Recording Order to Affect Real Property 3.309
Remedies Cumulative 3.401
Definitions 3.402
Claim for Reimbursement 3.404
Application of Inception of Title Rule 3.405
Management Rights 3.406
Equitable Lien 3.409
Nonreimbursable Claims 3.410
Effect of Marital Property Agreements 3.411
Cumulative Remedies

Accessed:
Apr. 13, 2024

§ 3.008’s source at texas.gov

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Location: https://texas.public.law/statutes/tex._fam._code_section_3.008

Original Source: Section 3.008 — Property Interest in Certain Insurance Proceeds, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.3.htm#3.008 (last accessed Apr. 13, 2024).