Recio v. Recio

OPINION

GONZALEZ, Justice.

This is a suit for partition of community real estate which appellant (plaintiff below) alleged had not been partitioned in the parties’ divorce decree. Appellee (defendant) “counterclaimed,” alleging appellant had already been awarded her share of the real property pursuant to an agreement between the parties. The case was tried to the court without a jury and resulted in a judgment whereby the disputed real estate was awarded to defendant as his separate property. We reverse and remand.

Findings of fact and conclusions of law were made as follows:

FINDINGS OF FACT

1.…