reimbursement
Jury for Five Days, Bench for Two
April 01, 2009
The appellate court affirmed a 79%/21% division of
the community estate rendered after a five-day jury
trial followed by a two-day bench trial. This was a
complex case involving constructive fraud,
reimbursement, economic contribution and other
issues. The opinion is authored by the El Paso
court's Justice McClure who is well-known for her
expertise in family law. Phillips v. Phillips,
No. 08-06-00171-CV (Tex. App. - El Paso Mar. 26,
2009).
Courtesy of Verner & Brumley, P.C. Dallas, Texas
Courtesy of Verner & Brumley, P.C. Dallas, Texas
No Alter Ego if Reimbursement Available
March 23, 2009
The trial court directed a verdict on the husband's
counterclaim for alter ego against the wife and her
separate property corporation. Piercing the corporate
veil was not warranted because piercing is justified
only when any harm to the community estate cannot be
remedied by a reimbursement claim. The jury found
that the amount of the husband's reimbursement claim
equaled zero. Marcum v. Marcum, No.
01-04-01062-CV (Tex. App. - Houston [1st Dist.] June
12, 2008).
Courtesy of Verner & Brumley, P.C. Dallas, Texas
Courtesy of Verner & Brumley, P.C. Dallas, Texas