The cover sheet at form 5-41 should precede these and any other interrogatories.
Pattern Interrogatories—Property
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Select only as applicable. |
1.For each item of property (tangible or intangible) owned by the community estate or the separate estate of either party, state—
a.a description of the property;
b.the percentage that each estate (that is, the community estate, your separate estate, and your spouse’s separate estate) owns the property;
c.the value of the property;
d.in general the legal theories that support your contentions about the value of the property, and identify facts of which you are specifically aware that establish, demonstrate, or prove those contentions; and
e.in general the legal theories that support your contentions about the character of the property you claim belongs to your separate estate, and identify facts of which you are specifically aware that establish, demonstrate, or prove those contentions.
2.For each sum of money owed by either party to any person or entity, state—
a.a description of the debt, including the identity and location of the creditor(s);
b.the percentage that each estate (that is, the community estate, your separate estate, and your spouse’s separate estate) is liable for the debt;
c.the current balance of the debt;
d.the balance of the debt on date of marriage;
e.a description of each item of property that secures the debt, if any;
f.the purpose(s) for which the debt was incurred; and
g.in general the legal theories and factual bases that support your contention about liability for the debt and the purpose(s) for which the debt was incurred.
3.If you have had any interest in any trust during the term of your marriage to [Petitioner/Respondent], for each trust state—
a.the name of the trust;
b.a description of your interest in the trust, including any rights to trust property, income, and distributions;
c.a description of the trust assets;
d.the identity and location of the trustee(s);
e.a description of the duties and obligations of the trustee(s) to make trust distributions; and
f.the identity and location of the entity or institution in which the trust assets are or were held.
4.If you have made any gifts or transfers of funds, money, property, or property rights in excess of a value of $[amount] [include if applicable: in the aggregate] to any person [include if applicable: unrelated to you by blood or marriage], trust, or other entity since [date], for each such gift or transfer state—
a.the identity and location of each person, trust, or entity to whom you made the gift or transfer;
b.the date and nature of the gift or transfer; and
c.the value of the gift or item transferred.
5.If you contend that you should be awarded a disproportionate share of the community estate, state in general the legal theories that support your proposal and identify facts of which you are specifically aware that establish, demonstrate, or prove that contention.
6.If you contend that you should be awarded specific assets or assigned specific liabilities, please describe the assets and liabilities and state, in general, the legal theories and factual bases that support your contention.
7.If you have owned an interest in any entity since [date], for each such entity state—
a.the identity and location of the entity;
b.the form of business organization (for example, corporation or partnership) of the entity;
c.the starting date of the entity or the date you began your association with the entity;
d.how much you have contributed (for example, money, property, or other things of value) to the entity;
e.the services you have provided for the entity;
f.your ownership interest in the entity (in shares or percentage);
g.the annual gross profits of the entity during each year since [date]; and
h.all real, personal, or intangible property rights, whether legal or equitable, owned by the entity, including any subsidiary entities.
8.If you have any leasehold interest in any property, for each leasehold interest state—
a.a description of the property, including the street address, legal description, and structures or improvements on any real property, if applicable;
b.the identity and location of other persons, if any, with an interest in that property; and
c.the amount and frequency of payments made and/or received for each leasehold interest.
9.If the parties or any closely held entity in which the parties own or claim any interest owns any motor vehicles, boats, recreational vehicles, watercraft, or aircraft, state the make, model, year, license number, motor number, serial number, vehicle identification number, fair market value, name(s) in which item is titled, and present location.
10.If you or any closely held entity in which you own or claim any interest maintains any accounts with any financial institutions, for each account state—
a.the identity and location of the financial institution;
b.the style and number of the account;
c.the identity and location of all authorized signatories; and
d.the current balance.
11.If you or any closely held entity in which you own or claim any interest has any claims (liquidated or unliquidated) against any other person or entity, for each claim state—
a.a description of the claim;
b.the identity and location of the person or entity against whom you have a claim; and
c.the amount of the claim.
12.If any property is held for you or any closely held entity in which you own or claim any interest by another person or entity, for each property state—
a.the identity and location of the person or entity holding the property;
b.a description of the property being held; and
c.the conditions and/or authority under which the property is being held for your benefit.
13.If you or any closely held entity in which you own or claim any interest has employed any accountant or bookkeeper since [date], for each state—
a.the identity and location of the person or entity;
b.the period employed; and
c.the services performed.
14.If you, someone acting on your behalf, or any closely held entity in which you own or claim any interest has one or more safe-deposit boxes, for each box state the identity and location of the financial institution where the box is located and the contents of the box.
15.If you contend that one of the marital estates (that is, the community estate, your separate estate, or your spouse’s separate estate) has a reimbursement claim against another marital estate, for each claim, state—
a.the marital estates affected;
b.the nature of the claim (including the elements in section 3.402 of the Texas Family Code on which you base the claim); and
c.the amount of the claim.
16.If you are claiming any offset to a claim for a reimbursement, state—
a.the marital estate claiming the offset;
b.the facts of which you are specifically aware that establish, demonstrate, or prove the offset;
c.the amount of the offset; and
d.the calculations used to determine the amount of the offset.
17.If you contend that you are entitled to spousal maintenance, identify all facts of which you are specifically aware that establish, demonstrate, or prove the elements contained in sections 8.051 and 8.052 of the Texas Family Code on which you rely to support your claim, including but not limited to—
a.each spouse’s ability to provide for that spouse’s minimum reasonable needs independently, considering that spouse’s financial resources on dissolution of the marriage;
b.the education and employment skills of the spouses, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to earn sufficient income, and the availability and feasibility of that education or training;
c.the duration of the marriage;
d.the age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance;
e.the effect on each spouse’s ability to provide for that spouse’s minimum reasonable needs while providing periodic child support payments or maintenance, if applicable;
f.acts by either spouse resulting in excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition of community property, joint tenancy, or other property held in common;
g.the contribution by one spouse to the education, training, or increased earning power of the other spouse;
h.the property brought to the marriage by either spouse;
i.the contribution of a spouse as homemaker;
j.marital misconduct, including adultery and cruel treatment, by either spouse during the marriage; and
k.any history or pattern of family violence, as defined by Texas Family Code section 71.004.
18.If you contend that your spouse has committed either actual or constructive fraud with regard to the community estate, for each claim identify facts of which you are specifically aware that establish, demonstrate, or prove your contention, including—
a.the type of fraud committed;
b.when the fraud allegedly occurred;
c.the acts of fraud that your spouse has committed;
d.the value by which the community estate was depleted as a result of the fraud on the community; and
e.the basis for calculating the reconstituted estate.