pjc-family-2024-lib

PJC 206.2

F RAUD —D ISSOLUTION OF M ARRIAGE

PJC 206.2 Actual Fraud by Spouse against Community Estate PJC 206.2A Actual Fraud by Spouse against Community Estate— Instruction A spouse commits fraud if that spouse transfers community property or expends community funds for the primary purpose of depriving the other spouse of the use and enjoyment of the assets involved in the transaction . Such fraud involves dishonesty of purpose or intent to deceive. PJC 206.2B Actual Fraud by Spouse against Community Estate— Questions QUESTION 1 Did SPOUSE A commit fraud with respect to the community-property rights of SPOUSE B ? Answer “Yes” or “No.” Answer: _______________ If you answered “Yes” to Question 1, then answer Question 2. Otherwise, do not answer Question 2. QUESTION 2 State in dollars the value, if any, by which the community estate was depleted as a result of SPOUSE A ’s fraud. Answer: _______________ COMMENT Source. The instruction in PJC 206.2A is derived from Land v. Marshall , 426 S.W.2d 841 (Tex. 1968); Archer v. Griffith , 390 S.W.2d 735 (Tex. 1965); and Horlock v. Horlock , 533 S.W.2d 52 (Tex. App.—Houston [14th Dist.] 1975, writ dism’d). Such fraud could involve the incurring of an indebtedness rather than a direct transfer of property or expenditure of funds. Question 2 is based on Tex. Fam. Code § 7.009(b)(1). Other actual fraud theories. The foregoing submission reflects only one of many theories of actual fraud that might be presented in a case involving spouses. See,

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