By: Thompson (Senate Sponsor - Harris) H.B. No. 908
(In the Senate - Received from the House April 18, 2011;
April 20, 2011, read first time and referred to Committee on
Jurisprudence; May 6, 2011, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
May 6, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 908 By: Harris
A BILL TO BE ENTITLED
AN ACT
relating to the division of community property on dissolution of
marriage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 7, Family Code, is amended by adding
Section 7.009 to read as follows:
Sec. 7.009. FRAUD ON THE COMMUNITY; DIVISION AND
DISPOSITION OF RECONSTITUTED ESTATE. (a) In this section,
"reconstituted estate" means the total value of the community
estate that would exist if an actual or constructive fraud on the
community had not occurred.
(b) If the trier of fact determines that a spouse has
committed actual or constructive fraud on the community, the court
shall:
(1) calculate the value by which the community estate
was depleted as a result of the fraud on the community and calculate
the amount of the reconstituted estate; and
(2) divide the value of the reconstituted estate
between the parties in a manner the court deems just and right.
(c) In making a just and right division of the reconstituted
estate under Section 7.001, the court may grant any legal or
equitable relief necessary to accomplish a just and right division,
including:
(1) awarding to the wronged spouse an appropriate
share of the community estate remaining after the actual or
constructive fraud on the community;
(2) awarding a money judgment in favor of the wronged
spouse against the spouse who committed the actual or constructive
fraud on the community; or
(3) awarding to the wronged spouse both a money
judgment and an appropriate share of the community estate.
SECTION 2. The change in law made by this Act applies to a
suit for dissolution of a marriage pending before a trial court on
or filed on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2011.
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