Harrison v. Harrison
| Decision Date | 20 February 1963 |
| Docket Number | No. 14062,14062 |
| Citation | 365 S.W.2d 698 |
| Parties | S. E. HARRISON, Appellant, v. Amelia HARRISON, Appellee. |
| Court | Texas Court of Appeals |
LeLaurin, Chamberlin, Guenther & Murry, San Antonio, for appellant.
Allan A. Black, H. L. Dillashaw, San Antonio, for appellee.
This is an appeal from a judgment granting Amelia Harrison a divorce from her husband, S. E. Harrison. The couple owned, as community property, a tract of land located on Highway 281 South, in Bexar County, Texas, and more particularly described as 'Tract No. 16, in County Block 4163, out of Halliday Acres, a plat of which subdivision is recorded in Vol. 2222, Page 341, of the Deed and Plat Records of Bexar County, Texas.'
The trial court awarded the entire tract, which was all the real estate that the parties owned, to the wife, Amelia Harrison, as her sole and separate property, and the husband, S. E. Harrison, was awarded certain personal property, from which judgment he has prosecuted this appeal.
Appellant contends that the court erred in vesting in appellee, Amelia Harrison, all the right, title and interest in and to the community real estate belonging to the parties, thereby divesting appellant, S. E. Harrison, of his title to the same, in violation of Article 4638, Vernon's Ann.Civ.Stats., which reads as follows:
We overrule this contention. That part of the above Article which provides that neither party may be required to divest himself or herself of the title to real estate does not apply to real estate which is a part of their community estate. McElreath v. McElreath, Tex., 345 S.W.2d 722; Hailey v. Hailey, 160 Tex. 372, 331 S.W.2d 299.
In divorce actions the trial court is vested with wide discretion in disposing of community property, and on appeal its judgment can be corrected only when an abuse of discretion is shown. Hedtke v. Hedtke, 112 Tex. 404, 248 S.W.2d 21, 23.
The exact question presented in this case was certified to the Supreme Court, by the El Paso Court of Civil Appeals, in the very recent case of Reardon v. Reardon, Tex., 359...
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Ramirez v. Ramirez
...Tex. 605, 359 S.W.2d 329 (1962); Grant v. Grant, 351 S.W.2d 897 (Tex.Civ.App.--Waco 1961, writ dism'd); Harrison v. Harrison, 365 S.W.2d 698 (Tex.Civ.App.--San Antonio 1963, writ dism'd); Alexander v. Alexander, 373 S.W.2d 800 (Tex.Civ.App.--Corpus Christi 1963, no writ); Holmes v. Holmes, ......
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In re Finch
...(Tex. 1962); Haiduk v. Haiduk, 374 S.W.2d 323, 326 (Tex.Civ.App. — San Antonio 1963, writ dism'd); Harrison v. Harrison, 365 S.W.2d 698, 699 (Tex.Civ.App. — San Antonio 1963, writ dism'd). For a court to have the power to divide community property, it must have the power to divest the parti......
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Haiduk v. Haiduk
...title to community property out of one spouse and into the other. Reardon v. Reardon, 163 Tex. 605, 359 S.W.2d 329; Harrison v. Harrison, Tex.Civ.App., 365 S.W.2d 698. The trial court did not abuse its discretion in requiring appellant to pay $100.00 per month for the support of each of the......