Small v. McMaster
352 S.W.3d 280
| Tex. App. | 2011Background
- McMaster sued to establish an informal/common-law marriage to Small and for divorce and property division; the informal-marriage issues were bifurcated and tried separately.
- An interlocutory judgment found an informal marriage beginning December 25, 1991, after the first jury trial.
- McMaster later added third parties and entities asserting fraud and concealment of assets tied to the community estate.
- A separate jury addressed divorce and property; that verdict favored McMaster and a final judgment was entered, which appellants challenged.
- Evidence later contested on appeal; court held the evidence was factually insufficient to prove an informal marriage.
- Notable corroborating context includes Small’s 1998 marriage to Aiskel in Venezuela and McMaster’s 2004 suit filing after an eviction matter related to the Gingerbread House.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Agreement to be married | McMaster: evidence shows intended marriage via private ceremony and rings. | Small: no present agreement; testimony contested credibility. | Evidence insufficient to prove agreement to be married |
| Living together as husband and wife | Couple lived together post-1991 as husband and wife. | Cohabitation existed, but not enough to prove informal marriage. | Cohabitation present but not alone sufficient for informal marriage |
| Presenting to others (holding out as married) | Friends and family testified they were called/herself as married; some conduct indicated status. | Most evidence came from McMaster; no broad community reputation; conflicting testimonies did not show holding out. | Evidence factually insufficient to show holding out as married |
| Overall sufficiency of evidence on informal marriage | Combination of elements supports informal marriage. | Elements not proven by preponderance; credibility issues favor Small. | Trial court’s informal-marriage finding is reversed and remanded |
Key Cases Cited
- Eris v. Phares, 39 S.W.3d 708 (Tex.App.-Houston [1st Dist.] 2001) (three elements of informal marriage; weighing evidence)
- Winfield v. Renfro, 821 S.W.2d 640 (Tex.App.-Houston [1st Dist.] 1991) (holding-out element; credibility in assessing evidence)
- Grigsby v. Reib, 153 S.W.2d 1124 (Tex. 1913) (public-appearance requirement for informal marriage)
- In re Estate of Giessel, 734 S.W.2d 27 (Tex.App.-Houston [1st Dist.] 1987) (public reputation as part of holding-out)
- Danna v. Danna, No. 05-05-00472-CV, 2006 WL 785621 (Tex.App.-Dallas 2006) (community reputation as being married as factor)
- Mills v. Mest, 94 S.W.3d 72 (Tex.App.-Houston [14th Dist.] 2002) (elements of informal marriage; appellate standard)
- Lee v. Lee, 981 S.W.2d 903 (Tex.App.-Houston [1st Dist.] 1998) (holding-out and public perception considerations)
- Flores v. Flores, 847 S.W.2d 648 (Tex.App.-Waco 1993) (insufficiency of occasional introductions to prove marriage)
- Osterberg v. Peca, 12 S.W.3d 31 (Tex. 2000) (standard for reviewing sufficiency of evidence)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (standard of review for legal-sufficiency cases)
- Ex parte Threet, 333 S.W.2d 361 (Tex. 1960) (holding-out principles in informal-marriage context)