Ramsey v. Ramsey
| Decision Date | 17 December 1971 |
| Docket Number | No. 4495,4495 |
| Citation | 474 S.W.2d 939 |
| Parties | Pansy Mae RAMSEY, Appellant, v. Frank RAMSEY, Appellee. |
| Court | Texas Court of Appeals |
Richard D. Coan, Stephenville, for appellant.
W. J. Oxford, Stephenville, Bill Hart, Eastland, for appellee.
This suit was brought by Frank Ramsey against Pansy Mae Ramsey for a divorce and the division of their property. The defendant filed an answer and cross action also seeking a divorce and division of property. Upon a trial before the court without a jury judgment was rendered granting a divorce to Pansy Mae Ramsey and dividing the properties of the parties. In doing so, the court found that Frank Ramsey receives a monthly check from the Veterans' Administration for a service-connected disability, that such payments after the divorce constitute separate property of Frank Ramsey and that Pansy Mae Ramsey is not entitled to participate in such payments. Pansy Mae Ramsey has appealed only from that portion of the judgment holding that such payments to Frank Ramsey are his separate property .
The record shows that Frank Ramsey served as a soldier in World War II as ordinary enlisted personnel. When the war ended he was discharged from the service. While in the service he incurred disabilities which were later established by the Veterans' Administration to be service-connected in nature, and on or about the year 1944 he was awarded a benefit by the Veterans' Administration of 30% Service-connected disabilities which prevent him was legally married to appellant, Pansy Mae Ramsey. Thereafter on or about June 19, 1970 the Veterans' Administration increased the rate of the award to 100% Service-connected disabilities amounting to $425 per month. The award states that these payments are being made to appellee, Frank Ramsey, because of the service-connected disabilities which prevent him from following substantially gainful employment. At the time of this increase in the rate of award appellee was still legally married to Pansy Mae Ramsey. On August 14, 1970 appellee brought this suit for divorce. Appellant thereafter filed her answer and cross action seeking an inventory and appraisement of community and separate property and seeking an equitable division of the community property. As heretofore noted the appeal of Pansy Mae Ramsey is limited to that portion of the judgment holding that the checks received from the Veterans' Administration are the separate property of appellant, Frnak Ramsey.
In appellant's first point it is contended that the court erred in finding that the monthly checks received by Frank Ramsey from the Veterans' Administration for service-connected disabilities are his separate property because such payments constitute property acquired by Frank Ramsey and Pansy Mae Ramsey during their marriage and that such payments are not acquired by Frank Ramsey by gift, devise or descent. Contrary to appellant's contention we are of the opinion that the veterans' compensation payments to Frank Ramsey are separate property in nature and that the court correctly awarded such payments to Frank Ramsey.
Appellant particularly relies upon the case of Busby v. Busby, 457 S.W.2d 551 (Tex.Sup.Ct.1970) and several cases which precede the Busby case. It is our opinion that the Busby case and other cases relied upon by appel...
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