ECONOMIC CONTRIBUTION FOR DUMMIES
(SPECIFICALLY, FAMILY AND PROBATE LAWYERS)
ECONOMIC CONTRIBUTION - TITLE ONE, SUBCHAPTER E TEXAS FAMILY CODE
This is what a jury charge might look like on a simple economic contribution
issue for mortgage payments after marriage . The below language is taken from
the Texas pattern jury charges.
| IN THE MATTER OF |
§
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IN THE DISTRICT COURT |
| THE MARRIAGE OF |
§
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| |
§
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| WIFE |
§
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33RD JUDICIAL DISTRICT |
| AND |
§
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| HUSBAND |
§
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BURNET COUNTY, TEXAS |
Texas law recognizes three estates: the community property
owned by the spouses together; the separate property owned individually by
the husband; and the separate property owned individually by the wife.
A spouse much prove by clear and convincing evidence
that funds expended were the separate property of that spouse. "Clear
and convincing evidence" is that measure or degree of proof that produces
a firm belief or conviction that the allegations sought to be established
are true.
"Fair market value" means the amount that
would be paid in cash by a willing buyer who desires to buy, but is not required
to buy, to a willing seller who desires to sell, but is under no necessity
of selling.
In answering Questions , do not consider expenditures
for ordinary maintenance and repair, expenditures for taxes, interest, or
insurance, or the contribution by a spouse of time, toil, talent, or effort
during the marriage.
The principal amount of a debt referred to in Questions
may be reduced by payment on the principal of the debt and by refinancing,
to the extent the refinancing reduces the principal amount in the manner described
in the question.
QUESTION
With respect to THE HOUSE, state in dollars the amount of each of the following
on DATE OF DIVORCE:
1. the fair market value Answer:
$
2. the principal amount of MORTGAGE Answer:
$
If in answer to Question you have found that the fair market value is less
than or equal to the principal amount of debt, do not answer the following
questions. Otherwise, answer the following questions.
QUESTION
With respect to THE HOUSE, state in dollars the amount of each of the following
on DATE OF FIRST CONTRIBUTION:
1. the fair market value Answer:
$
2. the principal amount of MORTGAGE Answer:
$
QUESTION
With respect to THE HOUSE, state in dollars the amount, if any, of the
reduction of the principal amount of MORTGAGE, to the extent the debt existed
at the time of marriage --
1. by the community estate Answer: $
Economic Contribution for Dummies Continued
(What Is Left Out?)