pjc-family-2024-lib

R EIMBURSEMENT

PJC 204.1

PJC 204.1

Reimbursement

Texas law recognizes three marital estates: the community property owned by the spouses together, which is referred to as the community estate; the sepa rate property owned individually by one spouse, which is referred to as a sepa rate estate; and the separate property owned individually by the other spouse, which is also referred to as a separate estate. A claim for reimbursement exists when one or both spouses use property of one marital estate to confer on the property of another marital estate a benefit which, if not repaid, would result in unjust enrichment to the benefited estate. “Benefited estate” means a marital estate that receives a benefit from another marital estate. “Conferring estate” means a marital estate that confers a benefit on another marital estate. Texas law does not recognize a spouse’s claim seeking reimbursement to a marital estate for the payment of child support, alimony, or spousal mainte nance; for living expenses of a spouse or child of a spouse; for contributions of property of nominal value; for the payment of a liability of a nominal amount; or for a student loan owed by a spouse. A spouse seeking reimbursement has the burden of proving each element of the claim by a preponderance of the evidence. However, a spouse seeking reimbursement to a separate estate must prove by clear and convincing evi dence that the funds or assets expended were separate property. “Clear and convincing evidence” is that measure or degree of proof that produces a firm belief or conviction that the allegations sought to be established are true. A spouse seeking an offset against a claim for reimbursement has the burden of proving each element of the offsetting claim by a preponderance of the evi dence. QUESTION 1 Did Estate A confer a benefit on Estate B ? Estate A conferred a benefit on Estate B if— [Use only the instruction(s) that are relevant in a particular case.]

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