Bill Text: TX HB908 | 2011-2012 | 82nd Legislature | Enrolled
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-Enrolled.html
H.B. No. 908 |
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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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 908 was passed by the House on April | ||
14, 2011, by the following vote: Yeas 141, Nays 1, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 908 on May 16, 2011, by the following vote: Yeas 142, Nays 0, 2 | ||
present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 908 was passed by the Senate, with | ||
amendments, on May 10, 2011, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |