The following are summaries of selected civil opinions issued by the Third Court of Appeals during October 2023. The summaries are an overview; please review the entire opinion. Subsequent histories are current as of Nov. 7, 2023.
FAMILY LAW: Court affirms fraud-on-the-community judgment.
Rue v. Rue, No. 03-22-00758-CV (Tex. App.—Austin Oct. 6, 2023, no pet. h.) (mem. op.).
The trial court found husband had dissipated over $600,000 in community property and awarded wife a disproportionate share of the community estate. In rejecting husband’s challenge to the fraud-on-the-community finding, the court of appeals observed that intent to deceive is not required to prove constructive fraud. The court further noted that wife’s signing tax returns and mortgage documents did not prevent the presumption of fraud from arising. Wife denied knowing about the mortgage and explained that she routinely signed documents without inquiring into the details.
As to the spousal maintenance award, husband argued wife was awarded sufficient property to meet her needs post-divorce. The court concluded that a spouse is not required to liquidate all available assets or incur new debt to meet short-term needs.
The court affirmed.