Determining the Measure of Reimbursement: Equity Demands Consideration of the Effects of the Divided Management System
Hoffman, Lloyd E.
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Discusses reimbursement of community property assets from one spouse’s separate property in Texas, focusing on the different measures of reimbursement Texas courts have applied, the present state of the law governing the measure of reimbursement, and the equitable considerations inherent in the present law. The article details the impact of the Texas divided management system and the problems it presents within reimbursement. The article suggests criteria from which the proper measure of reimbursement may be determined.