J. Hudson Schlueter and Richard Stephen Schlueter, Petitioners v. Karen Sue Schlueter, Respondent

Summary

The Texas Supreme Court held that a spouse cannot maintain an independent tort action for fraud on the community; redress is available only through the "just and right" division of the marital estate in divorce. Accordingly, the Court reversed the trial court's judgment for actual, exemplary damages and attorney's fees against the husband and remanded for a new property division, while affirming the remainder of the Court of Appeals judgment. Justice Hecht and Justice Spector dissented, arguing that punitive damages should be available for fraud on the community.