Texas House Bill HJR47

Texas 2015 - 84th Regular

• Filed: 11/20/14

Caption

Proposing a constitutional amendment authorizing a court to partition the community property and to characterize future earnings of spouses as separate property on legal separation of the spouses.

Impact

If passed, this resolution would require amendments to Section 15, Article XVI of the Texas Constitution. It emphasizes the importance of defining the nature of property in the context of legal separation and illustrates the court's role in adjudicating property disputes between spouses. By allowing courts to classify future earnings as separate property, this amendment would alter the landscape of marital property rights in Texas, giving individuals more control over their financial futures after separation.

Summary

HJR47 is a joint resolution proposing a constitutional amendment that seeks to authorize courts in Texas to partition community property and classify future earnings of spouses as separate property upon legal separation. This amendment aims to clarify the rights of spouses regarding their property ownership, which is especially pertinent in cases of divorce or separation. It suggests that spouses can agree in writing on the division of their property, allowing greater flexibility in managing their assets during legal separations.

Contention

The proposed amendment may lead to significant changes in how community property is treated in Texas, sparking concerns about potential disputes over property rights. While this bill advocates for increased clarity and fairness in property division during separation, opponents may argue that it could disadvantage one spouse, particularly if the other is viewed as having greater earning potential. Balancing these competing interests is likely to be a focal point of discussion if the amendment is brought to a vote.