pjc-family-2024-lib

F RAUD —D ISSOLUTION OF M ARRIAGE

PJC 206.2

e.g., Stone v. Lawyers Title Insurance Corp. , 554 S.W.2d 183 (Tex. 1977); Uniform Fraudulent Transfer Act, Tex. Bus. & Com. Code §§ 24.001–.013. The variety of pos sible theories is too great to be comprehensively covered in this book, but the submis sion may be altered to present other theories. See, e.g., Cantu v. Cantu , 556 S.W.3d 420, 426 (Tex. App.—Houston [14th Dist.] 2018, no pet.); Logsdon v. Logsdon , No. 02-14-00045-CV, 2015 WL 7690034 (Tex. App.—Fort Worth Nov. 25, 2015, no pet.) (mem. op.). No independent cause of action. A spouse has no independent cause of action in a divorce proceeding against the other spouse for actual fraud on the community, but the court may consider such fraud in arriving at a “just and right” division of the com munity estate. Schlueter v. Schlueter , 975 S.W.2d 584 (Tex. 1998). The court shall cal culate the value of the reconstituted estate—the total value of the community estate that would exist if fraud on the community had not occurred—and divide the value of the reconstituted estate between the parties in a manner the court deems just and right by granting any necessary legal or equitable relief. Tex. Fam. Code § 7.009. Include this additional instruction. The instruction in PJC 206.1 (confidence and trust relationship between spouses) should be given with the foregoing instruction and questions.

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