HB1753 - 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.

  89R2575 AMF-D     By: Manuel H.B. No. 1753       A BILL TO BE ENTITLED   AN ACT   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.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 6.502, Family Code, is amended by   amending Subsection (a) and adding Subsections (d), (e), and (f) to   read as follows:          (a)  While a suit for dissolution of a marriage is pending   and on the motion of a party or on the court's own motion after   notice and hearing, the court may render an appropriate order,   including the granting of a temporary injunction for the   preservation of the property and protection of the parties as   deemed necessary and equitable and including an order directed to   one or both parties:                (1)  requiring a sworn inventory and appraisement of   the real and personal property owned or claimed by the parties and   specifying the form, manner, and substance of the inventory and   appraisal and list of debts and liabilities;                (2)  requiring payments to be made for the support of   either spouse;                (3)  requiring the production of books, papers,   documents, and tangible things by a party;                (4)  ordering payment of reasonable attorney's fees and   expenses;                (5)  appointing a receiver for the preservation and   protection of the property of the parties;                (6)  awarding one spouse exclusive occupancy of the   primary residence or other residential property during the pendency   of the case;                (7)  prohibiting the parties, or either party, from   spending funds beyond an amount the court determines to be for   reasonable and necessary living expenses;                (8)  awarding one spouse exclusive control of a party's   usual business or occupation; or                (9)  prohibiting an act described by Section 6.501(a).           (d)     While a suit for dissolution of a marriage is pending   and on the motion of a party, the court shall render an appropriate   order awarding the party exclusive occupancy of the primary   residence during the pendency of the suit under Subsection (a)(6)   if the adverse party has, during the pendency of the suit or in the   three-year period preceding the date the suit was filed, been   convicted of or placed on deferred adjudication community   supervision for:                   (1)     a felony offense under Title 5, Penal Code, for   which the court has made an affirmative finding that the offense   involved family violence under Article 42.013, Code of Criminal   Procedure, that was committed against the party filing the motion   or a member of that party's family or household; or                 (2)     an offense under Section 25.11, Penal Code,   committed against the party filing the motion or a member of that   party's family or household.           (e)     A party that has been awarded exclusive occupancy of the   primary residence under Subsection (d) may file a motion to vacate   that order at any time during the pendency of the suit.           (f)  In this section:                 (1)     "Family" has the meaning assigned by Section   71.003.                 (2)     "Household" has the meaning assigned by Section   71.005.          SECTION 2.  The change in law made by this Act applies to a   suit for dissolution of a marriage that is pending in a trial court   on the effective date of this Act or that is filed on or after the   effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2025.