Yet another case holds that a refinance of the mortgage during the marriage on a spouse’s separate property house does not change the separate property nature of the asset. The opinion in Despain v. Despain, 704 S.W.3d 866 (Tex. App. – Austin 2024, pet. __) states: The fact that the parties refinanced the Property with […]
A February 2025 opinion from the Houston Fourteenth Court of Appeals upheld a constructive fraud claim involving the husband’s large cash withdrawal and two payments he made to his mother after the wife moved out of the house. The opinion also illustrates a common method of applying constructive fraud to the division of community property. […]
A February 2025 opinion from the Corpus Christi-Edinburg Court of Appeals seems to say that a jury does not get to decide whether a reimbursement claim should be granted but may decide factual issues on which a reimbursement claim could be based upon. For example, a jury could decide the specific question of whether community […]
2025 decisions from the two Houston Courts of Appeals in Houston both say that reimbursement claims are waived by a premarital agreement only if the agreement specifically references reimbursement claims. McCartney v. McCartney, 14-24-00310-CV (Tex. App. – Houston [14th Dist.] 8/5/2025)(mem. op.) said: To release a claim effectively, the releasing instrument must “mention” the claim […]
A June 2025 case from the Dallas Court of Appeals shows how hard it is to prove “enhancement of value” in pursuing a reimbursement claim for funds expended on the property of another estate. This case also reminds us that tracing is required when trying to prove a reimbursement claim owed by the community estate […]
The 2023 revisions of the reimbursement claim section of the Texas Family Code apply to a claim for reimbursement pending on September 1, 2023, not just cases filed after that date. The 2023 law that amended the reimbursement statute says that it took effect on September 1, 2023 and “[t]he change in law made by […]
Records from someone else’s business, such as a bank, can be admitted under the business records exception to the rule against hearsay based on just the customer’s testimony in some circumstances. A June 20025 opinion from the Dallas Court of Appeals upheld the trial court’s admission of copies of three cashier’s checks which the wife […]
Ponzio v. Ponzio, No. 03-23-00336-CV (Tex. App. – Austin 6/27/2025)(mem. op.) is a June 2025 decision from the Austin Court of Appeals that interpreted the older reimbursement statute that was totally overhauled in 2023. However, some of this case’s rulings apply to newer cases brought under the new reimbursement statute. This opinion holds: The wife […]
A July 2025 opinion from the Houston Fourteenth Court of Appeals provides more examples of financial activities that can be considered constructive fraud in a divorce. Liu v. Lin, No. 14-23-00810-CV (Tex. App. – Houston [14th Dist.] 7/15/2025)(mem. op.) upheld the trial court’s findings that the following payments made by the husband without his wife’s […]
Sometimes, an expert CPA is not needed to trace separate property funds in an account. A spouse can testify and use documentation to prove that some or all of an account is his or her separate property. Hurt v. Hurt, No. 14-23-00414-CV (Tex. App. – Houston [14th Dist.] 7/17/2025)(mem. op.) is a July 2025 case […]
