law-divorce-property-division
TEXAS SUPREME COURT MARITAL PROPERTY DIVISION CASES
Chu v. Hong, No. 06-0127 (Tex. Mar. 28, 2008)(Brister)(family law, divorce, property transfer to third parties,
fraud on community by spouse not actionable as independent tort, no double recovery)
WILLIAM CHU v. CHONG HUI HONG; from Tarrant County; 2nd district (02-04-00279 CV, 185 S.W.3d 507, 10-
20-05)
The Court reverses the court of appeals' judgment and renders judgment.
Justice Brister delivered the opinion of the Court.
TEXAS COURTS OF APPEALS CASES ADDRESSING PROPERTY DIVISION IN
DIVORCE SUITS
09‑0551 CLAIRE STANARD PHILLIPS v. TROY D. PHILLIPS; from Dallas County;
8th district (08‑06‑00171‑CV, ___ SW3d ___, 03‑26‑09, pet. denied Oct 2009)
(divorce property division, characterization of property, constructive fraud, offset reimbursement claims)
09-0689 JIMMY ZAMARRIPA v. SYLVIA ZAMARRIPA; from Fort Bend County;
14th district (14-08-00083-CV, ___ SW3d ___, 06-30-09, pet. denied Oct. 2009)(divorce marital property law,
dispute over characterization and division of retirement benefits, separate vs. community
property, presumption of community property not rebutted, QDRO)
08-0728
ELIZABETH W. BUFKIN v. EDWARD O. BUFKIN, JR.; from Dallas County; 5th district (05-06-01719-CV, 259
SW3d 343, 07-01-08) 2 petitions, pet. denied Nov. 2008)
(prejudgment interest reversed, admissibility of expert testimony, divorce fault grounds, prenup, stipulation
agreement)
07-1044
MOHAMMED MALEKZADEH v. REBECCA MALEKZADEH; from Harris County; 14th district
(14-05-00113-CV, ___ S.W.3d ___, 07-03-07, pet. denied May 2008) as reinstated
(family law divorce case, separate property, visitation denial)
08-0102
BETSY RUTH MAGNESS v. CHARLES DANIEL MAGNESS, III; from Kaufman County; 5th district
(05-06-00451-CV, 241 S.W.3d 910, 12-20-07, pet. denied May 2008) (divorce property, characterization of
property, separate property, community property) as amended
07-0561
HERVE F. GENTILE v. PATRIZIA E. GENTILE; from Aransas County; 13th district
(13-04-00167-CV, ___ SW3d ___, 02-01-07, pet. denied) as redrafted
(enforcement of property division in divorce, ADR, MSA)
08-0102
BETSY RUTH MAGNESS v. CHARLES DANIEL MAGNESS, III; from Kaufman County; 5th district
(05-06-00451-CV, 241 S.W.3d 910, 12-20-07, pet. denied) (divorce property, characterization of property,
separate property, community property) as amended
In one issue in this divorce proceeding, appellant challenges the trial court's characterization of certain real
property as one-half her separate property and one-half appellee's separate property. We affirm the trial
court's ruling. * * *
The trial court, as the fact finder, is the exclusive judge of the credibility of the witnesses and the weight to be
given to their testimony. Prague, 190 S.W.3d at 37. The trial court was free to disbelieve any or all of
appellant's testimony. Cardwell v. Cardwell, 195 S.W.3d 856, 859 (Tex. App.-Dallas 2006, no pet.). Thus, the
trial court could have concluded appellant did not establish fraud, accident, or mistake in the execution of the
deed and, therefore, failed to rebut the presumption of a gift to appellee.
The trial court did not abuse its discretion in awarding appellee one-half of the home as his separate
property. Therefore, we affirm the trial court's judgment.
07-0689
LORI DAWN COLEMAN v. MILBURN LEE COLEMAN; from Jefferson County; 9th district
(09-06-00171-CV, ___ SW3d ___, 06-21-07, pet. denied March 2008) (family law, divorce property division)
Appellant Lori Dawn Coleman appeals the division of property in this divorce case, the trial court's denial of
her motion for new trial, and the provision in the divorce decree holding her responsible for her own
attorney's fees. We affirm.
07-0900
LARRY RAY TAYLOR v. LULA M. TAYLOR; from Tarrant County; 2nd district (02-05-00435-CV, ___ SW3d
___, 08-31-07, pet. denied Feb 2008) (divorce appeal, property division)