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Texas · 89th Legislature Regular Session
HB1753Relating 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.
↓Restricts rights of the paying or noncustodial parentmodel confidence 80%
Makes it mandatory for the court to award exclusive occupancy of the primary residence to the filing spouse during a pending divorce if the other spouse has a recent family-violence conviction or deferred adjudication, so the non-violent spouse gains a stronger right to remain in the home when the (
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
✓ Quote verified word for word in the bill text
Custody & supportcustody parenting timeAI label
↓Restricts rights of the paying or noncustodial parentmodel confidence 70%
Makes it mandatory for the court to award exclusive occupancy of the primary residence to the filing spouse during a pending divorce if the other spouse has a recent family-violence conviction or deferred adjudication, so the non-violent spouse gains a stronger right to remain in the home when the (
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
✓ Quote verified word for word in the bill text
Filed (completed)
Committee
Passed one chamber
Passed both
Governor
Law
Status: Died (session ended)
Last action
2025-03-14: Referred to s/c on Family & Fiduciary Relationships by Speaker
Why the model tagged it this way: The bill amends Family Code §6.502 to make exclusive occupancy of the primary residence mandatory (rather than discretionary) during a pending divorce suit when the adverse spouse has a qualifying recent family-violence conviction or deferred adjudication; this changes custody-related property rights in the context of domestic violence and therefore triggers the domestic-violence-custody subtag (and the broader custody-parenting-time tag) under the provided rules for judging effects on the less-custodial parent's rights versus obligations. No other listed topics are substantively addressed.
Related bills
SB335Relating to the best interest of the child in a suit affecting the parent-child relationship.=No change to rights of the paying or noncustodial parent=No change to rights of the paying or noncustodial parent Filed
HB185Relating to certain services and interventions ordered in a suit affecting a parent-child relationship and to certain judicial training requ↓Restricts rights of the paying or noncustodial parent↓Restricts rights of the paying or noncustodial parent Filed
HB306Relating to the consideration of a history of family violence, child neglect or abuse, or sexual offenses in suits affecting the parent-chil↓Restricts rights of the paying or noncustodial parent Filed
HB930Relating to the consideration of family violence and coercive control in determining conservatorship and possession of and access to a child↓Restricts rights of the paying or noncustodial parent↓Restricts rights of the paying or noncustodial parent Filed