Hailey v. Hailey

176 S.W.3d 374, 2004 Tex. App. LEXIS 7782, 2004 WL 1902527
CourtCourt of Appeals of Texas
DecidedAugust 26, 2004
Docket01-02-00846-CV
StatusPublished
Cited by83 cases

This text of 176 S.W.3d 374 (Hailey v. Hailey) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hailey v. Hailey, 176 S.W.3d 374, 2004 Tex. App. LEXIS 7782, 2004 WL 1902527 (Tex. Ct. App. 2004).

Opinion

OPINION

ELSA ALCALA, Justice.

Husband, Timothy Hailey, appeals from a judgment awarding Wife, Cecelia Hailey, the greater portion of their community estate in their divorce trial. In his first three issues, Husband contends that the trial court abused its discretion by not dividing the property in a just and right manner, by not manifesting a due regard for Husband’s rights, and by not awarding Husband one-half of the community’s economic contribution to Wife’s separate estate. In his fourth issue, Husband asserts that the trial court’s conclusion of law concerning the community estate’s claims for. reimbursement against his separate estate is erroneous. Husband complains of cumulative error in his fifth issue. We affirm.

Background

Husband and Wife were married on March 14,1998 and permanently separated less than two and a half years later, in October 2000. Before their final separation, the couple separated for six weeks during the summer of 1998. No children were born of or supported by the marriage.

Husband and Wife were both in their thirties when they married. At that time, Wife’s separate estate consisted primarily of the following: employee stock and an employee profit-sharing plan worth approximately $224,000, equity of approximately $38,000 in a house, and personal property. Husband owned a house with equity of approximately $30,000 at the time of marriage, as well as personal property. They chose to reside in Wife’s house and leased Husband’s house.

Both Husband and Wife worked during the marriage. But, although Husband worked as an independent contractor in the air-conditioner repair business, he reported a net income of only $700 during the first year of marriage, no income the second year, and a net loss the third year. Wife earned an average salary of $84,000 annually as a comptroller for the company for which she had worked for over 18 years.

Wife filed for divorce on June 13, 2001, and Husband countersued three months later. Neither petition asserted fault. The trial court’s judgment separated the community estate by ordering that (1) Wife and Husband each be separately responsible for the attorney’s fees they incurred during the divorce proceedings, and that (2) the remainder of the community property be divided as shown below.

Wife’s Award of Community Property

Wife received a value of $112,541 in assets that had been part of the communi *379 ty estate, as follows: 1

(1) Household Furnishings $ 3,975
(2) HISCO Employee Stock Ownership Plan [ESOP] $ 69,546 2
(3) Klein Bank account $ 600
(4) HISCO Profit-Sharing Plan $10,009
(5) 2001 Navigator $ -542 3
(6) Community estate’s economic contribution claim $ 28,953 against Wife’s separate estate (community funds used to enhance value of house that Wife owned before marriage)

The community-estate debt that was assigned to Wife totaled $38,902 for the following debts: Foley’s for $331, First USA Bank for $14,470, Bank Card Service for $11,529, and Capital One for $12,572. After subtracting the community debt assigned to Wife from the community assets awarded to Wife, Wife’s net award totaled $73,639.

Husband’s Award of Community Property

Husband received a value of $58,256 in assets that had been part of the community estate, as follows:

(1) Household furnishings $ 2,300
(2) State Farm life insurance policy $ 5,293
(3) Washington Mutual bank account $ 4,256
(4) Federal Credit Union bank account $ 108
(5) 1999 Dodge Ram truck $ 9,745 4
(6) Community estate reimbursement claims against $36,119 the separate estate of Husband
(7) State Farm Individual Retirement Account $ 435

Only two debts that belonged to the community estate, First USA Visa for $6,905 and Chase Platinum Visa for $3000, were awarded to Husband, for a total of $9,905. Thus, the total net award for Husband was $48,351.

The effect of the net distribution of the estate was approximately a 60/40 division of property in favor of Wife. In its conclusion of law number two, the trial court stated that the “division of the property of [Wife] and [Husband] effected by the final judgment is just and right, having due regard for the rights of each party irrespective of the characterization of any item of property as either community or separate.”

Division of Community Property

In his first issue, Husband contends that the trial court abused its discretion by failing to divide the community estate in a *380 just and right manner and by awarding an approximate 60/40 division of the community estate to Wife after having previously stated that it would divide the property “close to a 50/50 split.” In issue two, Husband complains that the trial court awarded “essentially all” of the community assets to Wife and abused its discretion by failing to manifest a due regard for his rights.

In a decree of divorce, the court shall order a division of the community estate in a manner that the court deems just and right, having due regard for the rights of each party. Tex. Fam.Code Ann. 1 § 7.001 (Vernon 2004); Rafferty v. Finstad, 903 S.W.2d 374, 376 (Tex.App.-Houston [1st Dist.] 1995, writ denied). In effecting a just and right division of the community estate, section 7.001 of the Family Code vests the trial court with broad discretion that will not be reversed on appeal unless the complaining party shows that the trial court clearly abused its discretion. Murff v. Murff, 615 S.W.2d 696, 698 (Tex.1981); Rafferty, 903 S.W.2d at 377. The test of whether the trial court abused its discretion is whether the court acted arbitrarily or unreasonably, and without reference to any guiding principles. Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241-42 (Tex.1985); Rafferty, 903 S.W.2d at 376. It is the duty of the appellate court to presume that the trial court properly exercised its discretion in dividing the marital estate. Murff, 615 S.W.2d at 699.

A trial court may order an unequal division of the community property when a reasonable basis exists for granting that relief. Robles v. Robles, 965 S.W.2d 605, 621 (Tex.App.-Houston [1st Dist.] 1998, pet. denied).

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Cite This Page — Counsel Stack

Bluebook (online)
176 S.W.3d 374, 2004 Tex. App. LEXIS 7782, 2004 WL 1902527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hailey-v-hailey-texapp-2004.