Sink v. Sink
364 S.W.3d 340
| Tex. App. | 2012Background
- William and Yolanda Sink married on 12/31/1999 and have two children.
- Wife filed for divorce 06/30/2008; Husband counter-petitioned 07/21/2008; Wife sought a disproportionate division of the community estate.
- Trial occurred 09/08–09/2009; Husband offered extensive financial documentation and sought to trace his separate property via an expert (excluded).
- Trial court divided most assets as community property in a 10/16/2009 memorandum; final decree signed 11/03/2009.
- Husband challenged property characterization, expert exclusion, and health-insurance-premium reimbursement; no findings of fact or conclusions of law were requested/entered; motion for new trial denied over time.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Property characterization of assets as community vs. separate | Sink traced separate property but inadequately briefed | Court properly classified as community; insufficient tracing | No abuse of discretion; community characterization upheld. |
| Exclusion of expert witness on tracing | Sibley should be admissible to prove tracing | No preservation of error; no offer of proof | Issue waived; no reversible error. |
| Health insurance premium reimbursement | Wife should pay larger premium amount or reimburse more | Court used reasonable cost; no abuse | Court's health-insurance order not abused; $113 monthly affirmed. |
Key Cases Cited
- Magness v. Magness, 241 S.W.3d 910 (Tex.App.-Dallas 2007) (clear and convincing tracing burden; abuse of discretion standard)
- Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238 (Tex. 1985) (abuse of discretion framework for trial court decisions)
- Chavez v. Chavez, 269 S.W.3d 763 (Tex.App.-Dallas 2008) (presumption in favor of community property; tracing burden)
- Boyd v. Boyd, 131 S.W.3d 605 (Tex.App.-Dallas 2004) (sufficiency standards in property division; tracing and evidence)
- Moroch v. Collins, 174 S.W.3d 849 (Tex.App.-Dallas 2005) (clear and convincing evidence in tracing property)
- Granger v. Granger, 236 S.W.3d 852 (Tex.App.-Tyler 2007) (tracing and time/manner of acquisition)