(a) In a suit for dissolution of a marriage, on the motion of a party or on the court’s own motion, after notice and hearing, the trial court may render a temporary order as considered equitable and necessary for the preservation of the property and for the protection of the parties during an appeal, including an order directed toward one or both parties:
(1) requiring the support of either spouse;
(2) requiring the payment of reasonable and necessary attorney’s fees and expenses;
(3) appointing a receiver for the preservation and protection of the property of the parties;
(4) awarding one spouse exclusive occupancy of the parties’ residence pending the appeal;
(5) enjoining a party from dissipating or transferring the property awarded to the other party in the trial court’s property division; or
(6) suspending the operation of all or part of the property division that is being appealed.
(b) A temporary order under this section enjoining a party from dissipating or transferring the property awarded to the other party in the trial court’s property division:
(1) may be rendered without:
(A) the issuance of a bond between the spouses; or
(B) an affidavit or a verified pleading stating specific facts showing that immediate and irreparable injury, loss, or damage will result;
(2) is not required to:
(A) define the injury or state why the injury is irreparable; or
(B) include an order setting the suit for trial on the merits with respect to the ultimate relief sought; and
(3) may not prohibit a party’s use, transfer, conveyance, or dissipation of the property awarded to the other party in the trial court’s property division if the use, transfer, conveyance, or dissipation of the property is for the purpose of suspending the enforcement of the property division that is the subject of the appeal.

Terms Used In Texas Family Code 6.709

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Property: means real and personal property. See Texas Government Code 311.005
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

(c) A temporary order under this section that suspends the operation of all or part of the property division that is the subject of the appeal may not be rendered unless the trial court takes reasonable steps to ensure that the party awarded property in the trial court’s property division is protected from the other party’s dissipation or transfer of that property.
(d) In considering a party’s request to suspend the enforcement of the property division, the trial court shall consider whether:
(1) any relief granted under Subsection (a) is adequate to protect the party’s interest in the property awarded to the party; or
(2) the party who was not awarded the property should also be required to provide security for the appeal in addition to any relief granted under Subsection (a).
(e) If the trial court determines that the party awarded the property can be adequately protected from the other party’s dissipation of assets during the appeal only if the other party provides security for the appeal, the trial court shall set the appropriate amount of security, taking into consideration any relief granted under Subsection (a) and the amount of security that the other party would otherwise have to provide by law if relief under Subsection (a) was not granted.
(f) In rendering a temporary order under this section that suspends enforcement of all or part of the property division, the trial court may grant any relief under Subsection (a), in addition to requiring the party who was not awarded the property to post security for that part of the property division to be suspended. The trial court may require that the party who was not awarded the property post all or only part of the security that would otherwise be required by law.
(g) This section does not prevent a party who was not awarded the property from exercising that party’s right to suspend the enforcement of the property division as provided by law.
(h) A motion seeking an original temporary order under this section:
(1) may be filed before trial; and
(2) may not be filed by a party after the date by which that party is required to file the party’s notice of appeal under the Texas Rules of Appellate Procedure.
(i) The trial court retains jurisdiction to conduct a hearing and sign an original temporary order under this section until the 60th day after the date any eligible party has filed a notice of appeal from final judgment under the Texas Rules of Appellate Procedure.
(j) The trial court retains jurisdiction to modify and enforce a temporary order under this section unless the appellate court, on a proper showing, supersedes the trial court’s order.
(k) On the motion of a party or on the court’s own motion, after notice and hearing, the trial court may modify a previous temporary order rendered under this section if:
(1) the circumstances of a party have materially and substantially changed since the rendition of the previous order; and
(2) modification is equitable and necessary for the preservation of the property or for the protection of the parties during the appeal.
(l) A party may seek review of the trial court’s temporary order under this section by:
(1) motion filed in the court of appeals with jurisdiction or potential jurisdiction over the appeal from the judgment in the case;
(2) proper assignment in the party’s brief; or
(3) petition for writ of mandamus.
(m) A temporary order rendered under this section is not subject to interlocutory appeal.
(n) The remedies provided in this section are cumulative of all other remedies allowed by law.

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