February 2, 2023-Nicholas Ward
David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses
Leggio vs. Florian
In Leggio v. Florian, the trial court awarded three real estate properties to the wife over an allegation by the husband that all of the properties were his separate property. No. 14-21-00168-CV, 2022 Tex. App. LEXIS 5563 (Tex. App.—Houston [14th Dist.] August 4, 2022, no pet. history). In the court of appeals, the court noted that “[i]f the trial court mischaracterizes a spouse’s separate property as community property and erroneously awards some of that property to the other spouse, then the trial court’s decree of divorce must normally be reversed in part and the case remanded for a new division of the marital estate, unless no harm has been shown from the erroneous division.” Id. There is a statutory presumption that the properties were community property because they were “possessed by either spouse during or on dissolution of marriage.” Id. (citing Tex. Fam. Code § 3.003(a)). The husband had the burden of rebutting the community-property presumption.
To see the full article, click: “Court Affirms Judgment In Divorce Proceeding That Property Was Community Even Though It Was Purchased With Trust Assets“
To download the full opinion, click: “Leggio v. Florian“
Posted by Nicholas Ward, Intern, Wealth Strategies Journal