Legal Opinion
Havlen v. McDougall
Texas Supreme Court
Decided January 13, 2000No. 98-1220PublishedCited by 107 opinions
1Opinion of the CourtJustice Baker
This case involves partition of military retirement benefits. The issue is whether the 1990 amendment to the Uniformed Services Former Spouses’ Protection Act (the “Act”) preempts a former spouse’s ability to partition military retirement benefits that were not expressly allocated in the parties’ 1976 divorce decree. See 10 U.S.C. § 1408(c)(1); Buys v. Buys, 924 S.W.2d 369, 375 (Tex.1996). The court of appeals held that the Amendment does not prohibit such a partition suit because operation of state law converts all unmentioned community property into a “tenancy in common.” 980 S.W.2d 767. We…
2Cases cited15 opinions
- Rhone-Poulenc, Inc. v. SteelTexas Supreme Court · 1999
- McCarty v. McCartySupreme Court of the United States · 1981
- Hisquierdo v. HisquierdoSupreme Court of the United States · 1979
- Walker v. HarrisTexas Supreme Court · 1996
- Johnson v. City of Fort WorthTexas Supreme Court · 1989
10 more not listed; retrieve them via the Exa API.
3Cited by107 opinions
- Texas Department of Transportation v. NeedhamTexas Supreme Court · 2002
- Henry v. Masson, Texas Court of Appeals, 1st District (Houston)2010
- Rogers v. City of Fort WorthCourt of Appeals of Texas · 2002
- Eckels v. DavisCourt of Appeals of Texas · 2003
- Long Distance International, Inc. v. Telefonos De Mexico, S.A. De C.V.Texas Supreme Court · 2001
102 more not listed; retrieve them via the Exa API.