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Lifshutz v. Lifshutz

At the minimum, a finding of alter ego sufficient to justify piercing in the divorce context requires the trial court to find unity between the separate property corporation and the spouse such that the separateness of the corporation has ceased to exist, as well as a finding that the spouse's improper use of the corporation damaged the community estate beyond that which might be remedied by a claim for reimbursement.

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AFFIRMED IN PART AND REVERSED AND REMANDED IN PART

Appellant Kymberly Benson Lifshutz (Kymberly) complains the trial court abused its discretion by awarding her only twenty-five percent of the marital estate upon her divorce from appellee James C. Lifshutz (James). Cross-appellants Liberty Financial Corporation, Liberty Properties Partnership, Texas Home Improvements, Inc., Berlee Lumber Company, Inc., and CJS & Associates, Ltd. (the Companies) appeal the trial court’s failure to award damages for breach of fiduciary duty by James Lifshutz. The Companies also appeal the trial court’s finding that they are the alter ego of James Lifshutz and the court’s piercing of the corporate entities. We affirm the trial court’s judgment in part and reverse and remand in part.

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