Sec. 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.
Structure Texas Statutes
Title 1 - The Marriage Relationship
Subtitle B - Property Rights and Liabilities
Chapter 3 - Marital Property Rights and Liabilities
Subchapter A. General Rules for Separate and Community Property
Section 3.001. Separate Property
Section 3.002. Community Property
Section 3.003. Presumption of Community Property
Section 3.004. Recordation of Separate Property
Section 3.005. Gifts Between Spouses
Section 3.006. Proportional Ownership of Property by Marital Estates
Section 3.007. Property Interest in Certain Employee Benefits
Section 3.008. Property Interest in Certain Insurance Proceeds