Sec. 157.326. INTEREST OF OBLIGOR'S SPOUSE OR ANOTHER PERSON HAVING OWNERSHIP INTEREST. (a) A spouse of an obligor or another person having an ownership interest in property that is subject to a child support lien may file suit under Section 157.323 to determine the extent, if any, of the spouse's or other person's interest in real or personal property that is subject to:
(1) a lien perfected under this subchapter; or
(2) an action to foreclose under this subchapter.
(b) After notice to the obligor, the obligor's spouse, any other person alleging an ownership interest, the claimant, and the obligee, the court shall conduct a hearing and determine the extent, if any, of the ownership interest in the property held by the obligor's spouse or other person. If the court finds that:
(1) the property is the separate property of the obligor's spouse or the other person, the court shall order that the lien against the property be released and that any action to foreclose on the property be dismissed;
(2) the property is jointly owned by the obligor and the obligor's spouse, the court shall determine whether the sale of the obligor's interest in the property would result in an unreasonable hardship on the obligor's spouse or family and:
(A) if so, the court shall render an order that the obligor's interest in the property not be sold and that the lien against the property should be released; or
(B) if not, the court shall render an order partitioning the property and directing that the property be sold and the proceeds applied to the child support arrearages; or
(3) the property is owned in part by another person, other than the obligor's spouse, the court shall render an order partitioning the property and directing that the obligor's share of the property be applied to the child support arrearages.
(c) In a proceeding under this section, the spouse or other person claiming an ownership interest in the property has the burden to prove the extent of that ownership interest.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 420, Sec. 14, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 33, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1023, Sec. 33, eff. Sept. 1, 2001.
Structure Texas Statutes
Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle B - Suits Affecting the Parent-Child Relationship
Subchapter G. Child Support Lien
Section 157.312. General Provisions
Section 157.313. Contents of Child Support Lien Notice
Section 157.314. Filing Lien Notice or Abstract of Judgment; Notice to Obligor
Section 157.3145. Service on Financial Institution
Section 157.315. Recording and Indexing Lien
Section 157.316. Perfection of Child Support Lien
Section 157.317. Property to Which Lien Attaches
Section 157.3171. Release of Lien on Homestead Property
Section 157.318. Duration and Effect of Child Support Lien
Section 157.319. Effect of Lien Notice
Section 157.320. Priority of Lien as to Real Property
Section 157.321. Discretionary Release of Lien
Section 157.322. Mandatory Release of Lien
Section 157.323. Foreclosure or Suit to Determine Arrearages
Section 157.324. Liability for Failure to Comply With Order or Lien
Section 157.325. Release of Excess Funds to Debtor or Obligor
Section 157.326. Interest of Obligor's Spouse or Another Person Having Ownership Interest
Section 157.327. Execution and Levy on Financial Assets of Obligor
Section 157.3271. Levy on Financial Institution Account of Deceased Obligor
Section 157.328. Notice of Levy Sent to Obligor
Section 157.329. No Liability for Compliance With Notice of Levy