Texas 2025 - 89th Regular

Texas House Bill HB1753

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to a court order for the exclusive occupancy of the primary residence or other residential property by a spouse during the pendency of a suit for dissolution of a marriage.

Impact

The bill amends the Family Code in Texas by adding specific criteria under which a court may grant exclusive occupancy of the marital residence. By ensuring that a spouse who has faced family violence can remain in their home, it addresses significant concerns regarding the safety of individuals who may otherwise be forced to vacate while legal issues are resolved. Additionally, it mandates a hearing process to evaluate these requests, thus providing a structured approach to what is often an emotionally charged situation.

Summary

House Bill 1753 introduces provisions for exclusive occupancy of the primary residence or other residential property by a spouse during the pending dissolution of marriage proceedings. The bill is primarily aimed at enhancing the protections available to victims of family violence, allowing courts to grant exclusive occupancy to a spouse if the other party has a history of felony offenses involving family violence. This is an important change aimed at ensuring safety and stability for victims while legal proceedings are underway.

Contention

One point of contention surrounding HB1753 may arise from discussions regarding the definitions of 'family violence' and the potential implications for due process, as there may be concerns about the fairness of swiftly granting exclusive occupancy without exhaustive hearings in every case. While supporters celebrate the bill as a necessary reform for protecting vulnerable spouses, critics might argue that safeguards are needed to prevent misuse of the provisions and ensure equitable treatment for all parties involved.

Texas Constitutional Statutes Affected

Family Code

  • Chapter 6. Suit For Dissolution Of Marriage
    • Section: 502

Companion Bills

No companion bills found.

Previously Filed As

TX HB2094

Relating to a court order for the exclusive occupancy of the primary residence by a spouse during the pendency of a suit for dissolution of a marriage.

TX HB5291

Relating to an agreed divorce order in a suit for dissolution of marriage.

TX HB2067

Relating to the jurisdiction of a court in a suit to divide certain property not divided or awarded on the dissolution of a marriage.

TX SB80

Relating to a suit for dissolution of marriage and associated suit affecting the parent-child relationship when a party is pregnant.

TX HB3754

Relating to a suit for dissolution of a marriage and associated suit affecting the parent-child relationship when a party is pregnant.

TX HB2246

Relating to suits affecting the parent-child relationship, including the payment and enforcement of support ordered in a suit affecting the parent-child relationship.

TX SB869

Relating to suits affecting the parent-child relationship, including the payment and enforcement of support ordered in a suit affecting the parent-child relationship.

TX HB2715

Relating to a prohibition on following an individual and tracking or monitoring the individual's personal property or motor vehicle and to the criminal prosecution of that conduct.

TX HB1546

Relating to the recovery of fees, court costs, and expenses in family law proceedings.

TX SB81

Relating to certain statutory changes to reflect and address same-sex marriages and parenting relationships and to the removal of provisions regarding the criminality or unacceptability of homosexual conduct.

Similar Bills

No similar bills found.