x-Did Not Pass: SB 817 -- Fraud on the community in divorce cases

Caption:  Relating to the division of community property on dissolution of marriage.
Author:  Harris
Bill History
Bill Text

Note:  While SB 817 did not pass, its companion, HB 908 passed both houses and, as of May 19, 2011, was awaiting Governor Perry's signature.

Relevance:  This bill applies only to suits for dissolution of a marriage.  It defines "fraud on the community" and requires the court to determine if a spouse has committed fraud on the community. If the court finds that a spouse has committed fraud on the community, it is required to calculate the "reconstituted" community estate and divide the reconstituted estate based on the fraud.

See "Bill may codify 'fraud on the community,' at least in divorces" on texasprobate.com.

Enacted-Effective 9/1/11: HB 908 -- Fraud on the community in divorce cases

Caption:  Relating to the division of community property on dissolution of marriage.
Author:  Thompson
Bill History
Bill Text

Relevance:  This bill applies only to suits for dissolution of a marriage.  It provides additional remedies in cases where fraud on the community occurred.  As originally filed and as passed by the House, the bill defined "fraud on the community" in a way that could have caused problems in the administration of decedents' estates.  As finally passed, the definition was removed, making it just about remedies in a divorce.

See "Bill may codify 'fraud on the community,' at least in divorces" on texasprobate.com.