Bill Text: TX HB908 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the division of community property on dissolution of marriage.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB908 Detail]
Download: Texas-2011-HB908-Comm_Sub.html
Bill Title: Relating to the division of community property on dissolution of marriage.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB908 Detail]
Download: Texas-2011-HB908-Comm_Sub.html
By: Thompson (Senate Sponsor - Harris) | H.B. No. 908 | |
(In the Senate - Received from the House April 18, 2011; | ||
April 20, 2011, read first time and referred to Committee on | ||
Jurisprudence; May 6, 2011, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 7, Nays 0; | ||
May 6, 2011, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 908 | By: Harris |
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relating to the division of community property on dissolution of | ||
marriage. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 7, Family Code, is amended by adding | ||
Section 7.009 to read as follows: | ||
Sec. 7.009. 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. | ||
SECTION 2. The change in law made by this Act applies to a | ||
suit for dissolution of a marriage pending before a trial court on | ||
or filed on or after the effective date of this Act. | ||
SECTION 3. This Act takes effect September 1, 2011. | ||
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