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AN ACT
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relating to the division of community property on dissolution of |
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marriage. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 7, Family Code, is amended by adding |
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Section 7.009 to read as follows: |
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Sec. 7.009. FRAUD ON THE COMMUNITY; DIVISION AND |
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DISPOSITION OF RECONSTITUTED ESTATE. (a) In this section, |
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"reconstituted estate" means the total value of the community |
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estate that would exist if an actual or constructive fraud on the |
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community had not occurred. |
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(b) If the trier of fact determines that a spouse has |
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committed actual or constructive fraud on the community, the court |
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shall: |
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(1) calculate the value by which the community estate |
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was depleted as a result of the fraud on the community and calculate |
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the amount of the reconstituted estate; and |
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(2) divide the value of the reconstituted estate |
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between the parties in a manner the court deems just and right. |
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(c) In making a just and right division of the reconstituted |
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estate under Section 7.001, the court may grant any legal or |
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equitable relief necessary to accomplish a just and right division, |
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including: |
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(1) awarding to the wronged spouse an appropriate |
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share of the community estate remaining after the actual or |
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constructive fraud on the community; |
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(2) awarding a money judgment in favor of the wronged |
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spouse against the spouse who committed the actual or constructive |
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fraud on the community; or |
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(3) awarding to the wronged spouse both a money |
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judgment and an appropriate share of the community estate. |
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SECTION 2. The change in law made by this Act applies to a |
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suit for dissolution of a marriage pending before a trial court on |
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or filed on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 908 was passed by the House on April |
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14, 2011, by the following vote: Yeas 141, Nays 1, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 908 on May 16, 2011, by the following vote: Yeas 142, Nays 0, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 908 was passed by the Senate, with |
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amendments, on May 10, 2011, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |