You are Kneeling, But I am not: Intentional Detrimental Conduct in an Employment Setting and its Effect on the Distribution of the Community Estate

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dc.creatorCalvert, Taylor
dc.date.accessioned2022-06-17T19:28:41Z
dc.date.available2022-06-17T19:28:41Z
dc.date.issued2019
dc.description.abstractThis comment will discuss whether a hypothetical Mrs. Kaepernick has a claim against her husband and how that claim would unfold in a divorce proceeding in Texas. Part II of this comment examines some of the historical background surrounding the development of the community property system and provides a general overview of community property laws among the states that have adopted that system. Part III addresses Texas laws governing community property that would be relevant to Mrs. Kaepernick’s claim. Part IV discusses different claims available to protect the community, such as fraud, waste, and breach of fiduciary duty, as well as remedies available to the injured party and how the courts have applied those remedies. Part V examines case law applying the claims available to an injured spouse. Part VI analyzes Mrs. Kaepernick’s claim against her husband. Finally, Part VII discusses whether Mrs. Kaepernick, or any spouse, should have a claim against his or her partner for intentionally engaging in conduct detrimental to the community and whether it is a judicial or legislative issue.en_US
dc.identifier.citation12 Est. Plan. & Cmty. Prop. L. J. 137en_US
dc.identifier.urihttps://hdl.handle.net/2346/89659
dc.language.isoengen_US
dc.publisherEstate Planning and Community Property Law Journalen_US
dc.subjectCommunity estateen_US
dc.subjectIntentional detrimental conduct in employment settingen_US
dc.subjectCommunity propertyen_US
dc.subjectCommunity claimsen_US
dc.subjectConstructive frauden_US
dc.subjectBreach of fiduciary dutyen_US
dc.subjectActual frauden_US
dc.subjectZieba v. Martinen_US
dc.subjectMiller v. Milleren_US
dc.titleYou are Kneeling, But I am not: Intentional Detrimental Conduct in an Employment Setting and its Effect on the Distribution of the Community Estateen_US
dc.typeArticleen_US

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