in the Interest of L.M.C and E.H.C., Children
05-13-00872-CV
| Tex. App. | Apr 14, 2015Background
- Parties cohabited before marrying formally on August 25, 2007; they jointly owned a house and had a child.
- Morgan filed for divorce in 2010; the parties agreed on most property issues but disputed characterization/division of the house and several financial (retirement/stock) accounts in Castillon’s name.
- Trial court found an informal marriage pre-dating the formal marriage and divided certain retirement and stock accounts equally as community property.
- Castillon, pro se on appeal, challenged (1) the finding of an informal marriage, (2) characterization of the financial accounts as community property, and (3) omission from the final decree of a trial-court memorandum item requiring Morgan to pay half of $7,834 in tax liability.
- Trial court excluded financial account statements as hearsay; Castillon testified to account values and asserted accounts were entirely separate property but did not trace or isolate separate-property components.
Issues
| Issue | Plaintiff's Argument (Castillon) | Defendant's Argument (Morgan) | Held |
|---|---|---|---|
| Informal marriage prior to 8/25/2007 | No informal marriage; insufficient evidence they held themselves out as married | Court relied on evidence (insurance listings, Homebuyer sheet, testimony) supporting holding out | Court: Finding of informal marriage reversed—evidence legally insufficient (sustained) |
| Characterization of retirement/stock accounts | Accounts were acquired before marriage and are Castillon’s separate property; excluded bank statements prejudiced him | Accounts received contributions/income during marriage; community-property presumption; Castillon failed to trace separate portions | Court: Characterization as community property affirmed—Castillon failed to prove separate property by clear and convincing evidence (overruled) |
| Omission of tax-reimbursement order from final decree | Trial court’s memorandum required Morgan to pay half of $7,834; judgment omitted it and should be reformed | Morgan argues issue waived because Castillon cites no authority and failed to timely obtain nunc pro tunc relief | Court: Issue not properly briefed/waived and presents nothing for review (overruled) |
Key Cases Cited
- Reisler v. Reisler, 439 S.W.3d 615 (Tex. App.—Dallas 2014) (standards for appellate review of property division)
- Iliff v. Iliff, 339 S.W.3d 74 (Tex. 2011) (trial court abuses discretion when arbitrary/unreasonable)
- Smith v. Deneve, 285 S.W.3d 904 (Tex. App.—Dallas 2009) (holding-out element for informal marriage requires more than occasional references)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (legal-sufficiency review standard)
- Cain v. Bain, 709 S.W.2d 175 (Tex. 1986) (factual-sufficiency standard; set aside finding only if contrary to overwhelming weight of evidence)