Robert Gradel,
Attorney At Law, Lampasas, Texas
A Lawyer Specializing in Family Law
107 East Second Street
Lampasas, Texas 76550
(512) 556-8234 (office)
(512) 556-8236 (fax)
Economic Contribution For Dummies
A Family Law article by Robert Gradel
ECONOMIC CONTRIBUTION FOR DUMMIES
(SPECIFICALLY, FAMILY AND PROBATE LAWYERS)
ECONOMIC CONTRIBUTION - TITLE ONE, SUBCHAPTER E TEXAS FAMILY CODE
SUGGESTED LANGUAGE FOR PLEADINGS
The following language is taken from the Texas Family Practice Manual, 2nd
edition.
CAPITAL IMPROVEMENTS
The community estate has expended funds or assets to make capital improvements
on property claimed by Respondent as separate property, giving rise to a claim
for economic contribution in favor of the community estate and against Respondent's
separate estate. Petitioner requests the Court to grant Petitioner's claim
for economic contribution, order a division of the claim to Petitioner, and,
if necessary, impose an equitable lien on Respondent's separate estate or
any other property awarded to Respondent to secure the claim.
AND/OR
Petitioner's separate estate has expended funds or assets to make capital
improvements on community property, giving rise to a claim for economic contribution
in favor of Petitioner's separate estate and against the community estate.
Petitioner requests the Court to grant Petitioner's claim for economic contribution
and, if necessary, impose an equitable lien on the community estate to secure
the claim.
AND/OR
Petitioner's separate estate has expended funds or assets to make capital
improvements on property claimed by Respondent as separate property, giving
rise to a claim for economic contribution in favor of Petitioner's separate
estate and against the Respondent's separate estate. Petitioner requests the
Court to grant Petitioner's claim for economic contribution and, if necessary,
impose an equitable lien on respondent's separate estate or any other property
awarded to Respondent to secure the claim.
REDUCTION OF SECURED DEBT
Respondent is or was obligated on[a] debt[s] secured by[a] lien[s] on property
claimed by Respondent as separate property. The community estate has expended
funds or assets for payment of [that/those] debt[s]. Those expenditures have
resulted in the reduction of the principal of [that/those] debt[s], giving
rise to a claim for economic contribution in favor of the community estate
and against Respondent's separate estate. Petitioner requests the Court to
grant Petitioner's claim for economic contribution, order a division of the
claim to Petitioner, and, if necessary, impose an equitable lien on the Respondent's
separate estate or any other property awarded to Respondent to secure the
claim.
AND/OR
The community estate is or was obligated on[a] debt[s] secured by[a] lien[s]
on community property. Petitioner's separate estate has expended funds or
assets for payment of [that/those] debt[s]. Those expenditures have resulted
in the reduction of the principal of [that/those] debt[s], giving rise to
a claim for economic contribution in favor of Petitioner's separate estate
and against the community estate. Petitioner requests the Court to grant Petitioner's
claim for economic contribution and, if necessary, impose an equitable lien
on the community estate to secure the claim.
AND/OR
Respondent is or was obligated on[a] debt[s] secured by[a] lien[s] on property
claimed by Respondent as separate property. Petitioner's separate estate has
expended funds or assets for payment of [that/those] debt[s]. Those expenditures
have resulted in the reduction of the principal of [that/those] debt[s], giving
rise to a claim for economic contribution in favor of Petitioner's separate
estate and against Respondent's separate estate. Petitioner requests the Court
to grant Petitioner's claim for economic contribution and, if necessary, impose
an equitable lien on the Respondent's separate estate or any other property
awarded to Respondent to secure the claim.
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Economic Contributions for Dummies