pjc-family-2024-lib

D ISREGARDING C ORPORATE F ORM

PJC 205.2

shutz , 61 S.W.3d at 516. In marital dissolution reverse-piercing situations, a finding of either constructive or actual fraud is sufficient to establish a sham to perpetrate a fraud, in contrast to the question on sham to perpetrate a fraud found in chapter 108, because the fraud committed in reverse-piercing cases is on the community estate, and such fraud may be proved by a finding of either constructive or actual fraud. See Lifshutz , 61 S.W.3d at 516–17; Mazique v. Mazique , 742 S.W.2d 805, 807–08 (Tex. App.— Houston [1st Dist.] 1987, no writ); Horlock v. Horlock , 533 S.W.2d 52, 55 (Tex. App.—Houston [14th Dist.] 1975, writ dism’d w.o.j.). The Committee believes that this instruction may also be used in the context of a probate proceeding. The Commit tee expresses no opinion on whether this instruction could be adapted for use in a non– family or non–probate law case.

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