Frederick Dawson Graham v. Dena Marie Turner
12-14-00336-CV
| Tex. App. | Oct 30, 2015Background
- Frederick Graham and Dena Turner married in 2007; Dena filed for divorce in 2013 alleging cruelty, adultery, and fraud on the community estate and sought a disproportionate property award.
- The trial court granted the divorce, found Frederick at fault for cruel treatment (including assaultive episodes), and entered property and monetary awards.
- The court determined the marital residence was owned by the parties as tenants in common and ordered both the residence and an adjoining "back lot" sold; residence proceeds split 50/50, back lot proceeds 60% to Dena and 40% to Frederick.
- The court awarded Dena an $8,000 judgment against Frederick to satisfy unpaid temporary spousal support ($2,000/month ordered but unpaid), plus attorney’s fees and costs.
- Evidence showed the residence and back lot were purchased before marriage or during the marriage with funds traceable to Frederick’s business accounts for which Dena provided significant services; Frederick failed to clearly trace separate funds or inheritance to the purchases.
- The trial court credited Dena’s testimony over Frederick’s self-prepared documents and ultimately concluded community property characterization, fault, and a just-and-right (disproportionate) division favoring Dena as to the back lot.
Issues
| Issue | Plaintiff's Argument (Graham) | Defendant's Argument (Turner) | Held |
|---|---|---|---|
| Whether residence is Graham’s separate property or tenants in common | Residence was purchased with Graham’s separate funds and title in his name; community presumption unrebutted | Parties intended joint ownership; title in Graham’s name due to Dena’s poor credit; purchase funded by business revenues from both parties | Court affirmed tenants in common finding; evidence supported joint intent and community/business funding |
| Whether trial court erred in ignoring evidence of Dena’s alleged fraud (improvements for relatives) | Dena used community funds to benefit relatives without consent; trial court disregarded uncontradicted evidence | Alleged proofs were self-generated and lacked independent verification; trial court credited Dena’s testimony | Court upheld credibility determination; Graham’s self-produced documents lacked probative value |
| Whether Graham was at fault (cruel treatment/assault) | Evidence of abusive conduct was temporally irrelevant or absent physical assault | Dena testified to multiple episodes of threats, violence, and one physical assault during marriage | Court found Dena’s testimony credible and affirmed finding of cruel treatment and Graham’s fault |
| Whether disproportionate division and $8,000 judgment for unpaid temporary support was improper | Back lot award was improper because purchased with Graham’s separate funds; Graham lacked ability to pay temporary support judgment | Back lot purchased with community/business funds; Graham had pension/assets and failed to pay temporary support | Court affirmed 60/40 split for back lot and $8,000 judgment to satisfy unpaid temporary spousal support as part of a just-and-right division |
Key Cases Cited
- Moroch v. Collins, 174 S.W.3d 849 (Tex. App.—Dallas 2005) (abuse of discretion standard for property division)
- Garza v. Garza, 217 S.W.3d 538 (Tex. App.—San Antonio 2006) (some evidence standard supports trial court division)
- Henry v. Henry, 48 S.W.3d 468 (Tex. App.—Houston [14th Dist.] 2001) (reversal only if error materially affects just-and-right division)
- Sheshtawy v. Sheshtawy, 150 S.W.3d 772 (Tex. App.—San Antonio 2004) (reversible error requires remand of entire community estate)
- Fulgham v. Fischer, 349 S.W.3d 153 (Tex. App.—Dallas 2011) (bench-trial findings have weight of jury verdict; findings binding if supported by evidence)
- Quick v. Plastic Solutions of Tex., Inc., 270 S.W.3d 173 (Tex. App.—El Paso 2008) (conclusions of law reviewed de novo)
- Harrington v. Harrington, 742 S.W.2d 722 (Tex. App.—Houston [1st Dist.] 1987) (parties can form joint ownership despite title in one spouse’s name)
- Cockerham v. Cockerham, 527 S.W.2d 162 (Tex. 1975) (presumption of community property and burden to prove separate property)
- Iliff v. Iliff, 339 S.W.3d 74 (Tex. 2011) (appellate courts defer to trial court’s credibility determinations)
- Murff v. Murff, 615 S.W.2d 696 (Tex. 1981) (factors and discretion for disproportionate division)
- Young v. Young, 609 S.W.2d 758 (Tex. 1980) (circumstances of each marriage dictate division factors)
- Jones v. Jones, 699 S.W.2d 583 (Tex. App.—Texarkana 1985) (violation of temporary orders is factor in division)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (trier of fact may accept or reject witness testimony)