pjc-family-2024-lib

PJC 204.1

R EIMBURSEMENT

The phrases “one spouse” and “the other spouse” are used in place of the phrases “the husband” and “the wife” that appear in Tex. Fam. Code § 3.401(4)(B), (4)(C); the substitution is based on the ruling of the United States Supreme Court in Obergefell v. Hodges , 576 U.S. 644 (2015). The instruction on claims that may not be recognized is based on Tex. Fam. Code §3.409. The instruction on burden of proof by clear and convincing evidence for reimburse ment to a separate estate is based on Tex. Fam. Code § 3.003. The definition of “clear and convincing evidence” is based on Tex. Fam. Code § 101.007. The instruction on burden of proof on an offset to a reimbursement claim is based on Tex. Fam. Code § 3.402(h), which provides that the party seeking an offset has the burden of proof with regard to the offset. If no separate-property reimbursement is asserted. If no claim for reimburse ment to a separate estate is asserted, the second and third sentences of the sixth para graph, relating to the clear-and-convincing-evidence standard, should be omitted. If no offset is asserted. If no offset to a claim for reimbursement is asserted, the seventh paragraph should be omitted. Characterization of property. Any instructions and questions necessary for establishing the characterization of relevant property should be given to the jury before the above instructions and questions concerning reimbursement are given. See PJC 202.1–202.15 regarding characterization of property. If characterization of prop erty is in dispute, see PJC 204.3 (reimbursement—separate trials (comment)). Rewording questions for specific claims. The term Estate A should be replaced with the marital estate to which a spouse is seeking reimbursement. The term Estate B should be replaced with the marital estate from which a spouse is seeking reimburse ment. The words debt, liability, or expense should be replaced with words appropriate to the particular case. The phrases “the property of Estate A ” and “the property of Estate B ” should be replaced with words appropriate to the particular case. Addition ally, when a reimbursement claim is based on the time, toil, talent, or effort of a spouse, then Estate A can only be replaced with words indicating the community prop erty estate and Estate B can only be replaced with words indicating one of the spouses’ separate property estates. Question 1 should be submitted only if there is a dispute over whether the first estate conferred a benefit on the second estate. Question 3 should be submitted only if there is a dispute over whether Estate A received an offsetting benefit from Estate B . Questions 3 and 4 should be submitted only if Estate B seeks an offset against the reimbursement claim asserted by Estate A .

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