Pending changes to Tex. R. Civ. P. 194, as it pertains to family law cases, may render some items requested in this form inappropriate. Eliminate any items listed in this form that duplicate items covered in the request for disclosure in rule 194 when amended.
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 identity and location of the trust and trustee(s) and
b.the identity and location of the entity or institution in which the trust is or was 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] since [date], for each such gift or transfer state—
a.the identity and location of each person;
b.the date and nature of the gift or transfer; and
c.the value of the gift or item transferred.
5.If you propose that you be awarded more than 50 percent 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 proposal.
6.State each item of property that the court should award to you and each debt or other obligation (including guarantees, contingent liabilities, and debts secured by property) for which the court should require you to be responsible.
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, time, money, property, or other things of value) to the entity;
e.your ownership interest in the entity (in shares or percentage); and
f.the annual gross profits of the entity during each year since [date].
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 you or your business entity 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 your business entity 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.Identify all real, personal, or intangible property rights, whether legal or equitable, owned by any entity in which you own an interest.
12.If you or your business entity has any claims (liquidated or unliquidated) against others, 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.
13.If any property is held for you or your business entity 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.
14.If you or your business entity 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.
15.If you or someone acting in your behalf 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.
16.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.
17.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.
18.If you contend that you are entitled to spousal maintenance, identify facts of which you are specifically aware that establish, demonstrate, or prove the elements contained in section 8.051 of the Texas Family Code on which you rely to support your claim.
19.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.