Shaw v. Corcoran

SHANNON, Justice.

The issue is whether appellee’s claim for partition of her community interest in her former husband’s military retirement benefits is barred by limitations. Because the claim is barred, we will reverse the judgment.

Appellee Shirley Corcoran sued appellant Elbert L. Shaw in the district court of Bell County for partition of Shaw’s military retirement benefits. Shaw’s defense was, in part, that Corcoran’s claim was barred by the two-year or the four-year statute of limitations. Tex.Rev.Civ.Stat.Ann. art. 5526 and 5529 (1958). Shaw also filed a cross-action praying that Corcoran…