Legal Opinion

Heggen v. Pemelton

Texas Supreme Court

Decided September 9, 1992No. D-1288PublishedCited by 43 opinions

1Opinion of the Court

OPINION

GONZALEZ, Justice.

The primary issue in this case is whether the trial court properly impressed an equitable lien on the petitioner’s separate property homestead to secure the just and right division of the marital estate. The court of appeals affirmed the trial court’s judgment. 809 S.W.2d 642. We hold that a judgment awarded to one spouse cannot be secured by a lien on the other spouse’s separate property homestead unless the amount covers reimbursement for improvements made by the community to the separate property. Thus, we reverse and remand this cause to the trial court for…

2Cases cited11 opinions

  1. Dakan v. DakanTexas Supreme Court · 1935
  2. Eggemeyer v. EggemeyerTexas Supreme Court · 1977
  3. Laster v. First Huntsville Properties Co.Texas Supreme Court · 1992
  4. Smith v. SmithCourt of Appeals of Texas · 1945
  5. Brunell v. BrunellCourt of Appeals of Texas · 1973

6 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Kendall Builders, Inc. v. Chesson, Texas Court of Appeals, 3rd District (Austin)2004
  2. Wallace v. RogersCourt of Appeals for the Fifth Circuit · 2008
  3. Majeski v. Estate of Majeski, Texas Court of Appeals, 3rd District (Austin)2005
  4. Wiggains v. Reed (In re Wiggains)Court of Appeals for the Fifth Circuit · 2017
  5. Odes Ho Kim v. Dome Entertainment Center, Inc.Court of Appeals for the Fifth Circuit · 2014

38 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API