Osuna v. Quintana
Court of Appeals of Texas
993 S.W.2d 201 (1999)
Jose Quintana, while still married to Socorro Quintana (plaintiff), began a decades-long affair with Esther Osuna (defendant) in 1971, participated in a bigamous ceremonial marriage with her in 1983, and supported her and their three children with large sums of money, a house, and a vehicle, even though Esther admitted knowing since at least 1984 that Jose was married. When Socorro divorced Jose in 1994, the trial court awarded her the marital home, funds, and vehicles, plus a $460,000 joint-and-several judgment against Jose and Esther together, to reimburse Socorro for community funds Jose had fraudulently given Esther; both Jose and Esther appealed.
Whether a third party who knowingly receives gifts of community property from a married person, aware that the giver is violating a marital fiduciary duty, is jointly liable alongside the unfaithful spouse for fraud on the community.