Weaks v. Weaks
| Decision Date | 16 September 1971 |
| Docket Number | No. 7279,7279 |
| Citation | 471 S.W.2d 454 |
| Parties | William L. WEAKS, Appellant, v. Darolyn M. WEAKS, Appellee. |
| Court | Texas Court of Appeals |
William L. Weaks, Bobby C. Williams, Beaumont, for appellant.
Provost, Umphrey & Doyle, Port Arthur, for appellee.
This action is one for divorce. A jury was demanded and the trial proceeded to a jury. On the following day, Appellant, who was not represented by counsel during the trial, and Appellee's attorney requested that the case be withdrawn from the jury. Defendant (Appellant) Weaks withdrew opposition to the granting of the divorce, stipulating that custody of the two minor children involved be withdrawn from the jury and withdrawing his opposition to the plaintiff's (Appellee's) request for custody.
It was further agreed,
'It is further understood and agreed by and between the parties and made a stipulation in this case that the only remaining unresolved issues in this cause shall be resolved by the Hon. Ethridge R. Wright in this same trial, and that said issues are:
1. An equitable division of the community property of the parties hereto and,
2. The matter of the child support contribution to be made to Darolyn M. Weaks for the use and benefit of the two minor children herein involved.'
Subsequently, the Court entered judgment disposing of custody, support and division of the community property.
Appellant poses two points of error: (1) That the trial court erred in directing Appellant to pay the sum of $9000.00 cash to Appellee because the community property did not consist of any cash; and (2) The trial court abused its discretion in making an equitable division of the community property of the parties.
We reject both contentions.
Community property consisted of a homestead, furniture, household fixtures, two automobiles, certain household appliances, equity in a 30-ton Crane, a business, the business inventory, the business accounts receivable in excess of $14,000.00, an airplane, and certain other items. There is in evidence a financial statement filed by the Appellant showing a net worth as of July 12, 1970, of $108,793.57.
In dividing the community estate so as to achieve an equitable balance, we hold that the Court may order either party to pay a cash sum to the other even if there be no cash to be divided.
In McCauley v. McCauley, 374 S.W.2d 719, 721 (Tex.Civ.App., Waco, 1963, error dism.), the Court,
'* * * further decreed that he pay to Mrs. McCauley the sum of $12,500.00 in...
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Dewey v. Dewey
...may order appellant to pay appellee "cash" even though community property did not consist of any cash. Weaks v. Weaks, 471 S.W.2d 454, 455 (Tex.Civ.App.--Beaumont 1971, writ dism'd). Moreover, the mere fact that the community estate is not divided equally does not constitute an abuse of dis......
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... ... Coggin v. Coggin , 738 S.W.2d 375, 378 (Tex. App.- ... Corpus Christi-Edinburg 1987, no writ); Weaks v ... Weaks , 471 S.W.2d 454, 456 (Tex. App.-Beaumont 1971, ... writ dism'd) ... In a ... divorce, a ... ...
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