QUESTION

If my husband gives a car that is community property to his girlfriend, is she breaking any law?

Asked on Apr 08th, 2023 on Divorce - Texas
More details to this question:
Going though a divorce
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1 ANSWER

Commercial Litigation Attorney serving Frisco, TX at Reid Dennis & Frick, PC
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She is not necesarily breaking any law but, under the right facts and circumstances, might become a party to a lawsuit for fraudulent transfer or for participating in and encouraging your husband's breach of fiduciary duty.In most instances, however, the court will simply compensate you in the division of your marital estate for the value of the gift.As an aside, if your husband has given a car that is community property to his girlfriend, he has most likely spent other money on her as well.  An audit or forensic accounting ought to be done of all of your accounts to determine if he has given more than just a car to her, and a claim for reconstitution of the community estate ought to be plead in your divorce proceeding.
Answered on Jun 05th, 2023 at 9:17 AM

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