04/21/2017
I completed a 6 1/2 day divorce\property trial in Fort Bend County on Tuesday, April 4, 2017. It was hard fought. I represented the Petitioner\Wife. The Respondent\Husband turned out to be our best witness. The court rendered its decision yesterday and I will prepare a formal Final Decree of Divorce from the ruling. My client and I were extremely happy with the court's decision, the gist of which is as follows:
After reviewing the pleadings, considering the evidence and argument of counsel the court finds as follows:
1. Parties are divorced and the marriage is dissolved on the grounds of insupportability.
2. Personal property is stipulated to be awarded to the party in possession.
3. Court finds, pursuant to TFC 7.009, that Respondent has committed actual or constructive fraud on the community. The Court further finds the community estate should be reconstituted in the sum of $241,175.66 as a direct result of Respondent's fraudulent actions. A just and right division of the reconstituted community estate, along with the confirmation of separate property is attached as Exhibit "A" and incorporated herein.
4. Court finds that funds or assets were expended by Petitioner's separate estate for the benefit of the community. Therefore, a reimbursement to Petitioner's separate estate is granted in the amount of $50,000. Petitioner is awarded a judgment in the sum of $50,000.00 against Respondent, which is secured by a lien on the real property located
at ___________________, _________, Texas. The judgment shall collect interest at four percent (4%) per annum until paid in full. The judgment shall be paid on or before _____________, 2018. Respondent is ordered to sign a Real Estate Lien Note and Deed of Trust within thirty days from the date the decree is signed.
5. In the event of an appeal to the Court of Appeals, Petitioner is awarded $25,000.00 against Respondent for reasonable and necessary attorney's fees. In the event a Petition for Review is filed with the Texas Supreme Court, Petitioner is awarded $10,000.00 against Respondent for reasonable and necessary attorney's fees.