Sec. 3.203. ORDER IN WHICH PROPERTY IS SUBJECT TO EXECUTION  


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  • (a) A judge may determine, as deemed just and equitable, the order in which particular separate or community property is subject to execution and sale to satisfy a judgment, if the property subject to liability for a judgment includes any combination of:

    (1) a spouse's separate property;

    (2) community property subject to a spouse's sole management, control, and disposition;

    (3) community property subject to the other spouse's sole management, control, and disposition; and

    (4) community property subject to the spouses' joint management, control, and disposition.

    (b) In determining the order in which particular property is subject to execution and sale, the judge shall consider the facts surrounding the transaction or occurrence on which the suit is based.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.