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

Texas Statutes

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

Texas § 1353.005

Code ESEstates Code

This text of Texas § 1353.005 (ADMINISTRATION OF CERTAIN PROPERTY BY NON-INCAPACITATED SPOUSE.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Estates Code Code Ann. § 1353.005 (2026).

Text

Sec. 1353.005. 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 incapac

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Sec. 1353.005. 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.