Form 3-44

This cause of action is used when a third party holds in his name, as a constructive trustee, property that is a part of the parties’ estate. This material can be added, if appropriate, as an integral part of the divorce pleading to be inserted as a paragraph preceding the prayer. (If the material is incorporated in the respondent’s pleading, it should be reworded to reflect that the respondent, rather than the peti­tioner, is the complainant.) Include in the divorce pleading any further statements required by Tex. R. Civ. P. 47, tailored as appropriate for the relief sought. Additional service is required on a third-party co-respondent. See the practice notes at section 3.75.

Request for Relief from Third-Party Trustee

1.Identity of Co-Respondent

Petitioner further complains of [name of co-respondent], Co-Respondent, who may be served with citation at [address, city, state].

Co-Respondent is the record title holder and/or registered owner of certain property belonging to Petitioner and Respondent, namely: [describe each item of property].

2.Trust Relationship

The property described above was purchased in the name of Co-Respondent as a method of using Co-Respondent’s credit to purchase property for Petitioner and Respondent. Petitioner and Respondent have made all payments on the property, and it has been the agree­ment of all parties to the transaction that, once the underlying indebtedness on the property was fully paid, Co-Respondent would transfer title to the property to Petitioner and Respon­dent.

Co-Respondent is the record title holder and/or registered owner of the property described above, which is actually held in cotenancy between Petitioner and Respondent and Co-Respondent. The property was bought by Petitioner and Respondent and Co-Respondent as cotenants, but as a convenience the property was placed only in Co-Respondent’s name.

3.Prayer

Petitioner prays that the Court find [the property to belong to Petitioner and Respon­dent/[percent] percent undivided interest of Petitioner and Respondent in the property] and that, after notice and hearing, the Court enter a judgment so finding and further include the asset in dividing the community estate.