It is not unheard of a spouse being inclined to make transactions that favor themselves and harm their spouse in the midst of a divorce. For example, one might choose to pay off old debts, transfer money to a relative, or spend community funds on a paramour. If this has happened to you, there are several ways an experienced lawyer can attempt to recover those funds. Texas law is designed to correct any depletion of community assets arising from the wrongful acts of a spouse.
There are several ways that a spouse can defraud the community estate. They are categorized as follows:
A spouse commits fraud if that spouse transfers community property or spends community funds for the primary purpose of depriving the other spouse of the use and enjoyment of the assets involved in that transaction. In other words, a spouse commits fraud if:
In addition to the foregoing factors, actual fraud requires that the offending spouse was dishonest, had ill motives, or had the intent to deceive the other spouse.
A spouse may make moderate gifts, transfers, or expenditures of community property for a good reason to another person (e.g. third party). However, a gift, transfer, or expenditure of community property that is inconsistent with the desires of, is excessive, or that is arbitrary, is unfair to the other spouse. This also includes the actions of one spouse which unfairly disposes of the other spouse’s interest in community property or unfairly incurring community indebtedness without the other spouse’s knowledge or consent When determining the fairness of a gift, transfer, or expenditure a court may consider the following factors:
Under Texas law, spouses have fiduciary duties in the management, control, and disposition of community property. A breach of fiduciary duty occurs when one spouse exercises the power of his special community property or over the community estate in an excessive or unreasonable manner. A spouse has a right to dispose of community property but only if reasonable and in the absence of fraud.
When a court discovers mishandling of community funds as outlined above, they will attempt to reverse damage caused by the offending spouse. What is a “reconstituted estate”? This term refers to the hypothetical value of a community estate absent actual or constructive fraud. If the Court determines that a spouse has committed actual or constructive fraud on the community estate, the court must:
If you suspect that your spouse has committed fraud, you should contact an experienced family law attorney. With the right team behind you, you can protect yourself and your property.
Retainer fees and cost estimates cause anxiety for many family law clients. Most of the time, this is the fault of lawyers. We do things differently. At Walters Gilbreath, PLLC our cost structure...read more
To celebrate the one-year anniversary of our podcast, Jake & Brian sat down with Jim Piper, Of Counsel at Walters Gilbreath, to discuss how family law has changed since they started practicing. J...read more
Submit the form below and a member of our intake team will contact you.
Brian and his staff were great. Brian’s direction and expertise provided me with the legal information relevant for my needs over several years now. He listens and is steadfast which gave me comfort in the courses of action. I highly recommend him.Brian and his staff were great. Brian’s direction and expertise provided me with the legal information...
Larry M.view all reviews