Rodgers v. Rodgers

If I understand the majority’s decision it has created a new cause of action or at least a new remedy. I am not opposed to such ideas but they should become law only when there is no remedy and this court has the power to create one. Neither is the case here.

First, I should state the facts, as I see them. Mr. and Mrs. Rodgers were domiciled in Arkansas. They owned a home in Arkansas held as an estate by the entirety — married people holding title with the survivor to hold it exclusively.

Mrs. Rodgers moved to Texas and filed for divorce. The Texas court, as some courts occasionally do, tried…