Tex. Codes » Family Code · TITLE 1. THE MARRIAGE RELATIONSHIP · SUBTITLE C. DISSOLUTION OF MARRIAGE · CHAPTER 7. AWARD OF MARITAL PROPERTY
Texas Codes

Tex. Fam. Code § 7.009 (2026)

Fraud On The Community; Division And Disposition Of Reconstituted Estate

✓ laws through the 89th Legislature (2025)
Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

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.—Dallas 2015).
Sort: Relevance Newest Treatment
William C. Slicker v. Phyllis A. Slicker, 464 S.W.3d 850 (Tex. App.—Dallas 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.—Houston [14th Dist.] 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.—Houston [14th Dist.] 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.—Houston [1st Dist.] 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.—Texarkana 2014). “See Tex. Fam.Code ANN. § 7.009 (West Supp.2013).”
Kite v. King, 492 S.W.3d 468 (Tex. App.—Amarillo 2016). “” Tex. Fam. Code Ann. § 7.009 (b) (West Supp.”
Brian Terry Miller v. Linda Hill Miller, No. 14-17-00293-CV, 2018 WL 3151241 (Tex. App.—Houston [14th Dist.] June 28, 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, No. 14-17-00049-CV (Tex. App.—Houston [14th Dist.] Dec. 27, 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, No. 13-23-00343-CV (Tex. App.—Corpus Christi–Edinburg Mar. 28, 2024). · cites it 3× “TEX. FAM. CODE ANN. § 7.009(b); see id. § 7.”
Jeffrey Benjamin Mason v. Keri Cotterman Mason, No. 03-17-00546-CV, 2019 WL 1967166 (Tex. App.—Austin May 3, 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, No. 09-20-00287-CV (Tex. App.—Beaumont Nov. 17, 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, No. 13-21-00251-CV (Tex. App.—Corpus Christi–Edinburg Feb. 2, 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, No. 03-17-00546-CV, 2019 WL 1967166 (Tex. App.—Austin May 3, 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, No. 02-25-00212-CV (May 21, 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, No. 13-23-00343-CV (Tex. App.—Corpus Christi–Edinburg Mar. 28, 2024). “TEX. FAM. CODE ANN. § 7.009(b); see id. § 7.”
Brian Terry Miller v. Linda Hill Miller, No. 14-17-00293-CV, 2018 WL 3151241 (Tex. App.—Houston [14th Dist.] June 28, 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, No. 03-17-00546-CV, 2019 WL 1967166 (Tex. App.—Austin May 3, 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, No. 13-21-00251-CV (Tex. App.—Corpus Christi–Edinburg Feb. 2, 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, No. 03-22-00758-CV (Tex. App.—Austin Oct. 6, 2023).
Tex. Fam. Code § 7.009(b)(1): 5 cases
Cantu v. Cantu, 556 S.W.3d 420 (Tex. App.—Houston [14th Dist.] 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, No. 14-17-00293-CV, 2018 WL 3151241 (Tex. App.—Houston [14th Dist.] June 28, 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, No. 14-19-00250-CV (Tex. App.—Houston [14th Dist.] May 13, 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, No. 13-23-00343-CV (Tex. App.—Corpus Christi–Edinburg Mar. 28, 2024). “TEX. FAM. CODE ANN. § 7.009(b); see id. § 7.”
Vivek Veagandula v. Sree Rekha Vedullapalli, No. 05-22-01248-CV (Tex. App.—Dallas June 28, 2024).
Tex. Fam. Code § 7.009(c): 2 cases
Silvia Rubi Diaz Maldonado v. Gregorio Medrano, No. 13-18-00525-CV (Tex. App.—Corpus Christi Aug. 22, 2019).
Roy Gentry Clarke v. Rexann Passmore Clarke, No. 08-23-00016-CV (Tex. App.—El Paso Jan. 30, 2024).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.