Conveying Property to Wife to ''Shield'' It from Debt
In Letcher v. Letcher, 421 S.W.2d 162, 167 (Tex.Civ.App.--San Antonio 1967, writ dism'd w.o.j.), the court held that a grantor who had conveyed property to his wife to "shield" it from debt was precluded from showing any agreement, understanding, or intention contrary to the unequivocal language of the deed.
In order to prevent potential fraud upon the United States Department of Agriculture (USDA), that rule must also be applied to the partnership agreement.
However, in order to discourage potentially fraudulent transactions, we adhere to the rule that the courts leave the parties in the position in which they have placed themselves. Letcher, 421 S.W.2d at 168-69;
See also Poe v. Hamlin Nat. Bank, 921 S.W.2d 515, 517 (Tex.App.--Eastland 1996, writ denied); cf. Dominguez v. Trent, 836 S.W.2d 677, 679 (Tex.App.--El Paso 1992, no writ) (discussing contract and reporting obligations of federal medicare providers).