pjc-family-2024-lib

PJC 206.3

F RAUD —D ISSOLUTION OF M ARRIAGE

PJC 206.3 Actual Fraud by Spouse against Separate Estate PJC 206.3A Actual Fraud by Spouse against Separate Estate— Instruction A spouse commits fraud if that spouse transfers separate property of the other spouse or expends separate funds of the other spouse for the primary purpose of depriving the other spouse of the use and enjoyment of that property or those funds . Such fraud involves dishonesty of purpose or intent to deceive. PJC 206.3B Actual Fraud by Spouse against Separate Estate— Questions QUESTION 1 Did SPOUSE A commit fraud with respect to the separate-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 What sum of money, if paid now in cash, would fairly and reasonably com pensate the separate estate of SPOUSE B for the damages, if any, resulting from the fraud of SPOUSE A ? Answer in dollars. Answer: _______________ COMMENT Source. The instruction in PJC 206.3A 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.

98