Texas § FA.7.009 - FRAUD ON THE COMMUNITY

§ FA.7.009. FRAUD ON THE COMMUNITY

FRAUD ON THE COMMUNITY; DIVISION AND DISPOSITION OF RECONSTITUTED ESTATE. (a) In this section, "reconstituted estate" means the total value of the community estate that would exist if an actual or constructive fraud on the community had not occurred. (b) If the trier of fact determines that a spouse has committed actual or constructive fraud on the community, the court shall: (1) calculate the value by which the community estate was depleted as a result of the fraud on the community and calculate the amount of the reconstituted estate; and (2) divide the value of the reconstituted estate between the parties in a manner the court deems just and right. (c) In making a just and right division of the reconstituted estate under Section 7.001 , the court may grant any legal or equitable relief necessary to accomplish a just and right division, including: (1) awarding to the wronged spouse an appropriate share of the community estate remaining after the actual or constructive fraud on the community; (2) awarding a money judgment in favor of the wronged spouse against the spouse who committed the actual or constructive fraud on the community; or (3) awarding to the wronged spouse both a money judgment and an appropriate share of the community estate. Added by Acts 2011, 82nd Leg., R.S., Ch. 487 (H.B. 908 ), Sec. 1, eff. September 1, 2011.