Short answer. Yes. Article 248 of the Family Code recognizes a petition for judicial authority to administer or encumber the abandoning spouse's specific separate property, and to use its fruits or proceeds for family support, though the article itself does not spell out the procedure — it says only that the petition is governed by the same rules.

What the law says

The petition for judicial authority to administer or encumber specific separate property of the abandoning spouse and to use the fruits or proceeds thereof for the support of the family shall also be governed by these rules.

Family Code, Article 248 — Petition to Administer the Abandoning Spouse's Property. Read the full provision →

What Article 248 recognizes

Article 248 confirms that this kind of petition exists as a recognized remedy: the petition for judicial authority to administer or encumber specific separate property of the abandoning spouse and to use the fruits or proceeds thereof for the support of the family shall also be governed by these rules. Read plainly, that covers two things at once — permission to administer or encumber the property itself, and permission to use what it produces, its fruits or proceeds, toward supporting the family.

"Specific separate property" is doing real work here

The article does not authorize a general takeover of everything the absent spouse owns. It is limited to specific separate property — meaning the petition has to identify the particular property involved, and it is that spouse's own separate property, not property held jointly, that the article addresses. A petition asking the court to manage an unspecified or open-ended pool of assets sits outside what this wording actually grants.

What the article does not tell you

Article 248 says this petition shall also be governed by these rules without itself listing what those rules require — no filing steps, no evidentiary standard, no timeline appear in this text. That is a genuine gap in what this provision, standing alone, can tell you: it confirms the remedy exists and describes its scope, but the mechanics of actually bringing the petition are not spelled out here, and this page will not guess at them.

What to have ready before you approach a court

Since the article is specific about what it covers, come prepared with exactly that: a clear description of the separate property involved, evidence that your spouse has in fact abandoned the family, and a concrete account of what family support needs the property's fruits or proceeds would go toward. Vague or general requests sit poorly against an article that is itself narrowly worded to specific property and a defined purpose.

What "these rules" actually require

The rules Article 248 borrows are the summary procedure the same chapter sets out for petitions of this kind: notice of the petition is served on the other spouse, a preliminary conference is held before the judge without counsel unless the court later allows it, and if the matter is not resolved there it moves to a summary hearing decided on affidavits, documents, or testimony the court specifies. Judgment under this summary process becomes final and executory immediately, which is a reason to have your evidence complete going in rather than counting on a later appeal to fix gaps left at the hearing.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.