Texas § 112.106 CERTAIN TRUSTS WITH DIVORCED INDIVIDUALS AS JOINT SETTLORS.

Texas Statutes

§ 112.106 — CERTAIN TRUSTS WITH DIVORCED INDIVIDUALS AS JOINT SETTLORS.

Texas § 112.106

Code PRProperty Code

This text of Texas § 112.106 (CERTAIN TRUSTS WITH DIVORCED INDIVIDUALS AS JOINT SETTLORS.) 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. Property Code Code Ann. § 112.106 (2026).

Text

Sec. 112.106. 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 112.102 (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 acc

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Sec. 112.106. 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 112.102 (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.
SUBCHAPTER F. NONCHARITABLE TRUST WITHOUT ASCERTAINABLE BENEFICIARY