Texas Family Code - FAM § 7.009. Fraud on the Community; Division and Disposition of Reconstituted Estate
Current as of April 14, 2021 | Updated by FindLaw Staff
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(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.
(a) Except as provided by Subsection (b), any change in the use of the real estate does not affect a broker's lien if the notice of the lien was filed when the real estate was commercial real estate.
(b) The broker's lien is extinguished if:
(1) not later than the 360th day after the date on which the broker's commission is payable, the commercial real estate interest on which a broker claims a lien is zoned for single-family use or restricted for single-family use under recorded restrictive covenants; and
(2) the zoning ordinances or restrictive covenants for single-family use are in effect until at least the second anniversary of the date the commission is payable.
Cite this article: FindLaw.com - Texas Family Code - FAM § 7.009. Fraud on the Community; Division and Disposition of Reconstituted Estate - last updated April 14, 2021 | https://codes.findlaw.com/tx/family-code/fam-sect-7-009.html
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