pjc-family-2024-lib

F RAUD —D ISSOLUTION OF M ARRIAGE

PJC 206.1

PJC 206.1 Confidence and Trust Relationship between Spouses A relationship of confidence and trust exists between spouses with regard to that portion of the community property that each controls. This relationship requires that the spouses use the utmost good faith and frankness in their deal ings with each other. Because of the nature of the spousal relationship, conduct of a spouse affect ing the property rights of the other spouse may be fraudulent even though iden tical conduct would not be fraudulent as between nonspouses. COMMENT Source. The foregoing instructions are modeled on Weir v. King , 166 S.W.2d 187 (Tex. App.—Dallas 1942, writ ref’d w.o.m.); see Buckner v. Buckner , 815 S.W.2d 877 (Tex. App.—Tyler 1991, n.w.h.); cf. Miller v. Miller , 700 S.W.2d 941 (Tex. App.— Dallas 1985, writ ref’d n.r.e.). Fiduciary relationship with regard to separate property. The duty described in the foregoing instruction regarding the community property managed by a spouse could apply as well if one spouse manages the separate property of the other spouse.

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