Divorce Decree Language Can Negate Constructive Trustee's Fiduciary Duties in Business Holdings

In Simpson v. Simpson, 2026 Tex. Bus. 52, Judge Bullard granted summary judgment for a husband who held his ex-wife's Texas Rangers ownership interests in a constructive trust, holding that explicit decree language permitted him to participate in capital calls using separate property and acquire additional units "even if such issuance is dilutive to the Interests Held in Trust." The court found the decree's Section 16.1(d)(1)(d) negated traditional fiduciary duties that would otherwise prohibit self-dealing and dilution of the beneficiary's interest.