Marshall v. Marshall, 735 S.W.2d 587 (Tex. App. – Dallas 1987, writ ref’d n.r.e.), involved a two and a half year marriage and a husband who, during the marriage, earned $542,315.72 and gave $63,375.58 (11.7%) to his daughter and grandson. The trial court’s ruling that these gifts were not constructive fraud and was upheld by the court of appeals, which said:
The courts consider three primary factors in determining whether the wife’s claim of constructive fraud exists: the size of the gift in relation to the total size of the community estate, the adequacy of the estate remaining to support the wife in spite of the gift, and the relationship of the donor to the donee.
We conclude that the evidence supports the trial court’s finding of no constructive fraud. The community received $542,315.72 during the marriage as Woody’s special community property. The contested gifts of $63,375.58 are only 11.7 percent of this amount. The remaining $478,940.14 in community funds from the partnership was sufficient to support the wife. Finally, Woody made the gifts to his daughter and grandson, the natural objects of his bounty. We also agree with the trial court’s finding that there was no intent to deceive Arlene. She knew about the gifts, and although she may not have actively consented to them, there is also no evidence that she objected to them. We overrule Arlene’s complaint of the trial court’s denial of her claim for reimbursement for gifts to Debra and Dustin.
Id. at 596-7.