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My husband I moved here from Louisiana. We are now in the middle of a divorce. I found out he has been hiding a sizeable about money from me for years. We have an attorney in Louisiana, he said that I could not sue my husband. What can I do?

Interspousal tort immunity is a doctrine that precludes tort actions between married individuals. The doctrine is based on the theory that a married couple is a single entity. In the early 1900s wives were considered the property of their husbands, therefore they were not permitted to sue their husbands. Louisiana has not repealed the doctrine. Many states, like Texas, have abolished the doctrine of interspousal tort immunity with respect to the commission of intentional torts such as assault and battery, conversion of chattel, breach of fiduciary duty, actual fraud, and constructive fraud, to name a few. Here, I think you should ask a Texas Family lawyer whether or not your husband breached his fiduciary duty to you. Your husband had a duty in equity and good conscience to act in good faith and with due regard for your interests. For example, could you prove he plotted and carried out a plan to actually defraud you? Has he made material representations to you that were false. Furthermore, did he know those representations were false, or did he make them recklessly without knowledge of their truth and as a positive assertion. The foregoing would establish a cause of action of actual fraud. There are many other legal considerations to contemplate, please seek out the advice of a Texas family lawyer.

Collins & Associates
Attorneys
The Fassler Building
1004 Broadway Street   -   Galveston, Texas 77550
Phone: (409) 763-8616   -   Fax: (409) 763-2442
We are dedicated to providing top quality
legal services and to being responsive to our clients
Call for appointment, or email a question to: info@galvestonlaw.net

 

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