What is the effect of incurring a debt on a separate property house during the marriage?

In re Marriage of Collinsworth, No. 06-19-00083-CV, 2020 Tex. App. LEXIS 965, at *6-7 (Tex. App.—Texarkana Feb. 5, 2020) Link to Court Opinion Facts:  Wife acquired a house several years before marriage and testified that she made the down payment on the house from funds gifted to her before marriage.  Wife produced copies of the checks in support of her […]

Can you ask the Court to “deny” a modification without a trial?

Nellis v. Haynie (Hous. [1st. Dist] 2020)( 01-18-00736-CV) Link to Court Opinion Facts:  Father filed a suit to modify the parent-child relationship, and the non-parent managing conservators filed a “motion to deny relief in suit to modify parent-child relationship.”  Father filed this suit just six months after the prior order, and managing conservators said Father had not identified a material […]

Can the trial court allow jurors to ask the witnesses questions?

In the Interest of J.T. (Waco 2019) (10-19-00298-CV) Link to Court’s Opinion Facts:  The trial court permitted the jurors to submit questions to the witnesses over Mother’s objection in this suit to terminate her rights.  The trial court submitted over 165 juror questions to witnesses.  The jury terminated her rights, and mother appealed. Result:  It was error to allow jurors […]

Does Obergefell apply to determine whether a common law marriage exists?

In re Estate of Whetstone, (Dallas 2019) (No. 05-18-00165-CV) Link to Opinion Facts:  In this heirship proceeding, the applicant asserted that she and decedent (also a woman) were married by common law.  Decedent’s sister asserted that there was no common law marriage, and the trial court agreed that there was no marriage.  Applicant appealed. Result:  The court of appeals affirmed.  […]