Tex. Codes » Family Code · TITLE 1. THE MARRIAGE RELATIONSHIP · SUBTITLE C. DISSOLUTION OF MARRIAGE · CHAPTER 7. AWARD OF MARITAL PROPERTY
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Tex. Fam. Code § 7.009 (2026)

Fraud On The Community; Division And Disposition Of Reconstituted Estate

✓ current as of May 2026
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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.

Added by Acts 2011, 82nd Leg., R.S., Ch. 487 (H.B. 908), Sec. 1, eff. September 1, 2011.

Notes of Decisions
Cited in 29 cases (16 in the last 5 years), 2014–2026 · leading case: William C. Slicker v. Phyllis A. Slicker, 464 S.W.3d 850 (Tex. App. 2015).
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William C. Slicker v. Phyllis A. Slicker, 464 S.W.3d 850 (Tex. App. 2015). · cites it 3× “See Tex. Fam.Code Ann. § 7.009 (West Supp. 2014).”
Susana I. Villalpando v. Armando Villalpando, 480 S.W.3d 801 (Tex. App. 2015). · cites it 2× “See Tex. Fam. Code Ann. § 7.009 (West, Westlaw through 2015 R.”
Cantu v. Cantu, 556 S.W.3d 420 (Tex. App. 2018). “" See Tex. Fam. Code § 7.009(b)(1). The reconstituted estate is defined as the total value of the community estate that would have existed if a fraud on the community had not occurred.”
Jerry Day v. Jeanie Day, 452 S.W.3d 430 (Tex. App. 2014). “Tex. Fam.Code Ann. § 7.009 (West Supp. 2014).”
in the Matter of the Marriage of Binnaabah Ford & Joe C. Ford, 435 S.W.3d 347 (Tex. App. 2014). “See Tex. Fam.Code ANN. § 7.009 (West Supp.2013).”
Kite v. King, 492 S.W.3d 468 (Tex. App. 2016). “” Tex. Fam. Code Ann. § 7.009 (b) (West Supp.”
Brian Terry Miller v. Linda Hill Miller (Tex. App. 2018). · cites it 3× “See Tex. Fam. Code § 7.009. Under section 7.009, if the trier of fact determines that a spouse has committed actual or constructive fraud on the community estate, the court shall: (1) calculate the value by which the community estate was depleted as a result of the fraud on the…”
in the Matter of the Marriage of Kishon Kim Sykes & Carlton Devon Sykes (Tex. App. 2018). · cites it 3× “) (quoting Tex. Fam. Code Ann. § 7.009 (b)(1)). The reconstituted estate is defined as the total value of the community estate that would have existed had a fraud on the community not occurred.”
In the Matter of the Marriage of Juan Delgado & Martha Delgado & in the Interest of A.D. & S.D., Child. v. the State of Texas (Tex. App. 2024). · cites it 3× “TEX. FAM. CODE ANN. § 7.009(b); see id. § 7.”
Jeffrey Benjamin Mason v. Keri Cotterman Mason (Tex. App. 2019). · cites it 2× “(citing Tex. Fam. Code § 7.009(a)). With respect to Keri’s claim of constructive fraud, the trial court made the following relevant findings: 5 During the marriage and during the pendency of the suit for divorce, Jeff Mason spent funds gambling, traveling, going to hotels in…”
Michele DiBassie v. Damon DiBassie (Tex. App. 2022). · cites it 2× “Tex. Fam. Code Ann. § 7.009 (b); Cantu, 556 S.”
in the Matter of the Marriage of Clifford Allen Stallworth & Kim Elizabeth Stallworth (Tex. App. 2023). · cites it 2× “” Stallworth argues that the trial court’s implied “rejection of [his] claims for fraud and reimbursement [was] not supported by legally sufficient evidence” and thus the trial court “was without authority to overrule [his] claims for reimbursement and fraud on the community.”
Show all 29 citing cases →
— Tex. Fam. Code § 7.009(a) — 2 cases
Jeffrey Benjamin Mason v. Keri Cotterman Mason (Tex. App. 2019). “(citing Tex. Fam. Code § 7.009(a)). With respect to Keri’s claim of constructive fraud, the trial court made the following relevant findings: 5 During the marriage and during the pendency of the suit for divorce, Jeff Mason spent funds gambling, traveling, going to hotels in…”
Falah Algaissi v. Taima Abu Qamer (2026).
— Tex. Fam. Code § 7.009(b) — 8 cases
In the Matter of the Marriage of Juan Delgado & Martha Delgado & in the Interest of A.D. & S.D., Child. v. the State of Texas (Tex. App. 2024). “TEX. FAM. CODE ANN. § 7.009(b); see id. § 7.”
Brian Terry Miller v. Linda Hill Miller (Tex. App. 2018). “See Tex. Fam. Code § 7.009. Under section 7.009, if the trier of fact determines that a spouse has committed actual or constructive fraud on the community estate, the court shall: (1) calculate the value by which the community estate was depleted as a result of the fraud on the…”
Jeffrey Benjamin Mason v. Keri Cotterman Mason (Tex. App. 2019). “(citing Tex. Fam. Code § 7.009(a)). With respect to Keri’s claim of constructive fraud, the trial court made the following relevant findings: 5 During the marriage and during the pendency of the suit for divorce, Jeff Mason spent funds gambling, traveling, going to hotels in…”
in the Matter of the Marriage of Clifford Allen Stallworth & Kim Elizabeth Stallworth (Tex. App. 2023). “” Stallworth argues that the trial court’s implied “rejection of [his] claims for fraud and reimbursement [was] not supported by legally sufficient evidence” and thus the trial court “was without authority to overrule [his] claims for reimbursement and fraud on the community.”
Robert Douglas Rue v. Alicia McCullough Rue (Tex. App. 2023).
— Tex. Fam. Code § 7.009(b)(1) — 5 cases
Cantu v. Cantu, 556 S.W.3d 420 (Tex. App. 2018). “" See Tex. Fam. Code § 7.009(b)(1). The reconstituted estate is defined as the total value of the community estate that would have existed if a fraud on the community had not occurred.”
Brian Terry Miller v. Linda Hill Miller (Tex. App. 2018). “See Tex. Fam. Code § 7.009. Under section 7.009, if the trier of fact determines that a spouse has committed actual or constructive fraud on the community estate, the court shall: (1) calculate the value by which the community estate was depleted as a result of the fraud on the…”
in the Matter of the Marriage of Jose Daniel Torres Alvarado & Martha Araceli Gomez Martinez (Tex. App. 2021).
In the Matter of the Marriage of Juan Delgado & Martha Delgado & in the Interest of A.D. & S.D., Child. v. the State of Texas (Tex. App. 2024). “TEX. FAM. CODE ANN. § 7.009(b); see id. § 7.”
Vivek Veagandula v. Sree Rekha Vedullapalli (Tex. App. 2024).
— Tex. Fam. Code § 7.009(c) — 2 cases
Silvia Rubi Diaz Maldonado v. Gregorio Medrano (Tex. App. 2019).
Roy Gentry Clarke v. Rexann Passmore Clarke (Tex. App. 2024).
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