Martin E. Roberts v. Margaret D. Roberts
2013 Tex. App. LEXIS 5330
| Tex. App. | 2013Background
- Marriage of Martin and Margaret Roberts; two children; Martin was sole family income earner pre-separation.
- Trial focused on property division, reimbursement, and maintenance; a separate-property reimbursement of $41,000 was awarded.
- Marital residence valued at $140,000 (unencumbered) with total marital estate around $167,000 after debts.
- Trial court ordered spousal maintenance: $1,550/month for 36 months and $1,000/month thereafter; no findings issued.
- Judgment was entered July 15, 2011; en banc court later affirmed in part, reversed in part, remanded for just division and maintenance.
- Both parties designated as joint managing conservators; religious instruction clause included in decree.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reimbursement of Margaret’s separate property | Roberts: evidence insufficient to trace separate funds | Roberts: funds traced; reimbursement warranted | Remanded for proper division; $32,000 mischaracterization deemed nontrivial |
| Spousal maintenance award | Roberts: maintenance improper without resources findings | Roberts: maintenance appropriate given needs | Maintenance award reversed; remanded for proper determination |
| Religious instruction clause (Establishment Clause) | Roberts: clause favors Margaret’s religion | Decree preserved balanced доступ; no Establishment Clause violation; affirmed | |
| Morality clause (Equal Protection) | Roberts: morality clause applied unequally by gender | Issue waived for lack of argument; affirmed on other grounds |
Key Cases Cited
- Vallone v. Vallone, 644 S.W.2d 455 (Tex. 1982) (reimbursement framework; tracing and value concepts in community property)
- Graves v. Tomlinson, 329 S.W.3d 128 (Tex. App.—Houston [14th Dist.] 2010) (clear and convincing tracing evidence requirement)
- Worford v. Stamper, 801 S.W.2d 108 (Tex. 1990) (imputed findings and standard of review for implied findings)
- Tellez v. Tellez, 345 S.W.3d 689 (Tex. App.—Dallas 2011) (abuse of discretion standard in property division)
- Boyd v. Boyd, 131 S.W.3d 605 (Tex. App.—Fort Worth 2004) (tracing and characterization of property; separate property)
- Garza v. Garza, 217 S.W.3d 538 (Tex. App.—San Antonio 2006) (reversible error requires material impact on division; de minimis rule)
- Monroe v. Monroe, 358 S.W.3d 711 (Tex. App.—San Antonio 2012) (mischaracterization can have more than de minimis effect; remand for just division)
- Jacobs v. Jacobs, 687 S.W.2d 731 (Tex. 1985) (remand for just and right division where necessary)