Fraud on the Community in Texas Divorce

| Dec 1, 2010 | Divorce |

There are aspects of the Texas community property system that provides additional remedies against a spouse for improper conduct involving the community estate.  Texas recognizes the concept of fraud on the community, which is a wrong by one spouse that the court may consider in its division of the estate of the parties and that may justify an unequal division.

A claim for fraud on the community is a means to an end, either to recover specific property wrongfully conveyed, or to obtain a greater share of the community estate upon divorce, in order to compensate the wronged spouse for his or her lost interest in the community estate.  

In a Houston case, an owelty equalization money judgment was awarded as a part of the division of community property based upon a spouse’s fraud.