Texas Divorce Attorney Blog

Texas Husband Denied Reimbursement for Repairs to Wife’s Property

Published on: October 9, 2022 | by Francesca Blackard

iStock-178756342-300x199 A spouse in a Texas divorce may have a reimbursement claim if they use their own separate property to fund improvements to the other spouse’s separate property. Likewise, if community funds are used for the benefit of a spouse’s property, the spouse may be ordered to reimburse the community. The party seeking reimbursement must plead and prove the claim, including showing that the funds used were their separate property. Courts must resolve claims for reimbursement using principles of equity.

A husband recently challenged a trial court’s denial of his reimbursement claims. According to the appeals court’s opinion, both parties had significant separate property when they married in 2010. The husband owned one home and the wife owned two. They bought a new house 2014. The husband sold his home and used $141,000 of the proceeds for the new house. The wife sold one of her homes and used $150,000 from that sale on the new home.

Testimony Regarding Husband’s Reimbursement Claim

The husband also paid about $70,000 for a pool at the new house. He claimed the funds were his separate property, but the wife testified she thought he had used community funds.

Texas Wife Awarded Disproportionate Property Division Due to Cruel Treatment

Published on: October 5, 2022 | by Kelly McClure

iStock-172302804-195x300 A trial court must effect a “just and right” division of property in a Texas divorce. When a party pleads a fault-based divorce, the court may consider the other’s parties conduct and divide the property disproportionately. A husband recently challenged a disproportionate division.

According to the appeals court’s opinion, the husband petitioned for divorce, and the wife alleged cruel treatment. The trial court found cruel treatment led to the breakup and awarded the wife a disproportionate property division and the exclusive right to determine the child’s primary residence.

The husband appealed the disproportionate property division and the custody determination.

Registering a Foreign Custody Determination in Texas

Published on: September 18, 2022 | by Francesca Blackard

iStock-1125625723-300x200 A custody determination issued in another state or country can be registered in Texas. To do so, the party must send a letter requesting registration to the Texas court, along with two copies of the determination, one of them certified, a sworn statement that, to the best of the requester’s knowledge and belief, the order has not been modified, and their name and address and the name and address of any parent or person acting as a parent who has been awarded custody or visitation under the order. Tex. Fam. Code § 152.305(a). The Texas court then files the determination as a foreign judgment. The court must also give notice to the person seeking the registration and any parent or person acting as a parent who was awarded custody or visitation in the determination and provide them with an opportunity to contest the registration. If a person wants to contest the validity of the registered order, they must request a hearing within 20 days of being served the notice. The court must confirm the registered order unless the person contesting it establishes that the issuing court did not have jurisdiction, that the determination was vacated, stayed, or modified, or that they did not receive required notice in the proceedings before the court that issued the order. Tex. Fam. Code § 152.305.

Mother’s Request for Registration of Custody Determination Denied

A mother recently challenged a court’s denial of her request for registration. She had filed a “Registration of Child Custody Determination” to register an order from New York. The New York order provided that the parties would share joint custody of the child and that the child would live with the mother.

The father filed a timely objection to the registration. He argued there were proceedings for enforcement pending in New York. He alleged that the New York court had recessed to let the mother get an attorney and rescheduled on the same day the wife sought to register the order in Texas. He argued that registering the decree in Texas would make it enforceable and subject to modification in Texas, while the New York court still had and was exercising continuing jurisdiction.

Texas Grandmother Lacked Standing for Visitation

Published on: September 14, 2022 | by Kelly McClure

iStock-902725964-300x200 Parents have a fundamental right to make decisions about their child’s care, custody, and control. There is a presumption that a fit parent acts in the child’s best interest. A non-parent seeking visitation or custody over a parent’s objection must overcome the fit-parent presumption. They must have evidence of behavior or conduct that will probably result in the child’s health or well-being being significantly impaired. A non-parent seeking custody or visitation must also show that they meet the requirements for standing under Texas family law.

Grandmother Files Custody Suit

A mother recently challenged a court’s judgment awarding visitation to the child’s paternal grandmother. According to the appeals court’s opinion, the paternal grandmother petitioned to be appointed as possessory conservator of the child, but subsequently amended the petition seeking possession and access. She alleged denial of possession and access would significantly impair the child’s health and well-being. Her affidavit stated she was the parent of the child’s father and the child’s father had been incarcerated for more than three months. It further stated that the child lived in her home while the father temporarily had primary care of the child because of the “mother’s instability.” She also stated the father was incarcerated because she had made a report “to protect the child.”

The mother did not file an answer or appear at the remote trial.

Mischaracterization of Property in Texas Divorce

Published on: September 10, 2022 | by Francesca Blackard

property-division-300x110 The court in a Texas divorce must make a just and right division of the parties’ estate. This does not necessarily require the court to award the parties equal shares of the property. Property acquired during a marriage is generally community property, but property acquired before the marriage or by gift, devise, or descent is separate property. A party claiming separate property must show that it is separate by clear and convincing evidence. A husband recently challenged a court’s characterization of certain property as the wife’s separate property.

The parties got married in 1997 and the husband filed for divorce in 2019. Each party sought a disproportionate share of the marital estate.

Wife Asserts Separate-Property Claim

According to the appeals court’s opinion, a significant issue in the divorce was property purchased by the wife in 1997 after the marriage. She leased the building in 1990 and renewed the lease in 1995. After the marriage, she bought it. She testified the written lease she signed in 1995 gave her an option to purchase, but she had lost the document.

Proving Separate Property in a Texas Divorce

Published on: September 6, 2022 | by Kelly McClure

iStock-483613578-300x204 Some people may assume that property held in only one spouse’s name is that spouse’s separate property, but that is not necessarily the case. In Texas, property’s character is determined based on when and how it is acquired. Additionally, in a Texas divorce, property acquired during the marriage is presumed to be community property.

In a recent case, a husband challenged a court’s characterization of certain property held in his name as community property and awarding it to the wife.

According to the appeals court’s opinion, the parties acquired multiple pieces of real estate, some in both their names and some in only the name of the husband, while they were married. When they divorced, the three properties that were the subject of the appeal, referred to by the court as the “Three Properties,” were held by the husband, but the wife alleged they were the community property.

Modification vs. Clarification in Texas Custody Cases

Published on: August 15, 2022 | by Francesca Blackard

5thingsdivorcecourt_header-300x163 A court may clarify an order in a Texas suit affecting the parent-child relationship if it finds the order lacks sufficient specificity to be enforced through contempt. Tex. Fam. Code Ann. § 157.421. The court cannot make substantive changes through an order to clarify and such changes are not enforceable. Tex. Fam. Code § 157.423. Substantive changes must be pursued through a modification suit. Generally, to obtain a modification, a parent must show there has been a material and substantial change in circumstances and the modification will be in the child’s best interest.

Mother Appeals Clarification Order

A mother recently challenged a clarification order, arguing it had made a substantive change to the previous order. The parties entered into an agreed order regarding their children in December 2016. The father moved for clarification of language relating to extracurricular activities. The agreed order provided in relevant part that the parents would put each child in a single extracurricular activity at a time and have a written agreement regarding the extracurricular activity. The court granted the motion and revised the language to state that each parent may place each child in an extracurricular activity, but, instead of referencing an agreement, the clarified order provided there would be a written designation of the extracurricular activity.

The mother appealed, arguing the court erred in granting the motion because the language in the agreed order was not ambiguous or erroneous and that the revised language constituted a substantive change.

Property Owned by Business Entity in Texas Divorce

Published on: August 12, 2022 | by Kelly McClure

iStock-483613578-300x204 Business entities and business property can complicate the property division in a Texas divorce. Property owned by a business entity is not considered either separate or community property of the spouses, but instead belongs to the entity. In a recent case, a husband challenged the trial court’s denial of his request for reimbursement for mortgage payments he made.

Wife Enforces Property Division

The wife petitioned for enforcement of the property division several months after the final decree was signed. The husband filed a counter-petition also seeking enforcement of the property division, alleging each party owned an undivided 50% share in property identified as “The Terraces.” The husband alleged he had paid $10,000 on the property’s delinquent mortgage. He requested an accounting to determine each party’s obligation and actual payments related to the property and a money judgment for what the wife had not paid. Additionally, he sought an order requiring the wife to pay her share of future mortgage payments and costs.

The court entered an enforcement order in November 2018 that determined the husband’s claims with regard to The Terrace were not ripe because the property had not been sold. After the approved sale in January 2020, the husband filed an amended motion for reimbursement and enforcement of property division. The trial court denied his requests and the husband ultimately appealed.

Invited Error in Texas Divorce Case

Published on: August 8, 2022 | by Francesca Blackard

iStock-1270267953-300x200 Even when parties seem to agree on issues related to Texas property division, disputes may still arise. In a recent case, a husband challenged a trial court’s treatment of certain property after seemingly agreeing to that treatment during the hearing.

The husband petitioned for divorce in May 2019. The husband and wife stipulated that a particular parcel of land was the husband’s separate property, but the mobile home on that property was the wife’s separate property.

The husband testified he wanted to purchase the mobile home or sell the parcel and mobile home together and equally divide the proceeds. He expressed a preference to buy the mobile home himself but also said there were buyers interested in purchasing them as a single asset. The wife testified she wanted to sell the mobile home to the husband for $15,000 or alternatively to sell both together and divide the proceeds equally. The husband responded “Yes” when asked if he agreed to sell the parcel and the mobile home together and split the proceeds. When he was asked about division of another piece of property, he said he thought the parties had reached agreement on the five-acre parcel and mobile home and thought they could also reach agreement on the larger parcel. The trial court specifically told the husband that he was “not going to have the five acres and the mobile home. . .”

Texas Spousal Maintenance After 10-Year Marriage

Published on: August 4, 2022 | by Kelly McClure

iStock-172302804-195x300 A trial court may order Texas spousal maintenance, sometimes referred to as “spousal support” or “alimony,” if certain criteria are met pursuant to Tex. Fam. Code Ann. § 8.051.. If the marriage lasted at least 10 years, a court may order spousal maintenance to a spouse who does not have sufficient property or earning ability to provide for their own minimum reasonable needs. Tex. Fam. Code Ann. § 8.051(2)(B). A court may also award spousal maintenance to a spouse who does not have sufficient property and is not able to earn sufficient income to provide for their minimum reasonable needs due to their own incapacitating disability or the disability of the parties’ child.

Husband Order to Pay Spousal Maintenance

A husband recently challenged an order requiring him to pay spousal maintenance, arguing the wife had been awarded sufficient property to meet her reasonable minimum needs. The wife petitioned for divorce after nearly thirteen years of marriage. The trial court ordered the husband to pay $2,500 in monthly spousal support for two years and he appealed.

The marriage had lasted for more than 10 years, so the wife was eligible to pursue spousal maintenance if she did not have sufficient property or the ability to earn sufficient income to provide for her minimum reasonable needs. The trial court had awarded her assets worth $830,871.60 and she estimated her expenses to be $6,791 per month.