Young v. Young

168 S.W.3d 276, 2005 Tex. App. LEXIS 4920, 2005 WL 1661881
CourtCourt of Appeals of Texas
DecidedJune 24, 2005
Docket05-04-00388-CV
StatusPublished
Cited by54 cases

This text of 168 S.W.3d 276 (Young v. Young) 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
Young v. Young, 168 S.W.3d 276, 2005 Tex. App. LEXIS 4920, 2005 WL 1661881 (Tex. Ct. App. 2005).

Opinion

OPINION

ONEILL, Justice.

Gary Paul Young (Husband) appeals from the trial court’s divorce decree. In three points of error, Husband contends the trial court erred in: (1) characterizing certain assets as community that he claims are his separate property; (2) assessing the value of certain assets; and (3) awarding Wife certain equitable liens. We sustain Husband’s third point of error to the extent he contends the trial court erred in imposing an owelty of partition on partnership property. We reform the trial court’s judgment to delete the owelty of partition provision. In all other respects, we affirm the trial court’s judgment.

Background

Husband and Wife were married, on June 28, 1994. Approximately seven years later, Wife filed for divorce. Prior to the marriage, Husband had formed DAX Enterprises, Inc. During the marriage, Husband and Wife entered into various business ventures. The source of the investment funds used in forming these businesses was contested at trial. Several assets that Husband claimed were his separate property were also in dispute.

Following trial, the trial court orally rendered judgment. Wife filed a motion for reconsideration. The trial court granted Wife’s motion and the parties presented additional testimony as to the value of certain assets. The trial court signed a final judgment on January 7, 2004. The trial court rendered judgment that DAX was the alter ego of Husband. In addition to dividing the property, the trial court awarded Wife a money judgment and placed liens on community property awarded to Husband to secure that judgment. The trial court made findings of fact and conclusions of law. This appeal timely followed.

Standard of Review

Findings of fact in a case tried to the court have the same force and effect as jury findings. See Gregory v. Sunbelt Sav., F.S.B., 835 S.W.2d 155, 158 (Tex. App.-Dallas 1992, writ denied). We review a trial court’s fact findings by the same *281 standards we use to review the sufficiency of the evidence to support a jury’s findings. See Zieben v. Platt, 786 S.W.2d 797, 799 (Tex.App.-Houston [14th DistJ 1990, no writ).

When we review the findings for legal sufficiency, we consider only the evidence and inferences tending to support the finding and disregard all the evidence and inferences to the contrary. See Burroughs Wellcome Co. v. Crye, 907 S.W.2d 497, 499 (Tex.1995). We uphold the finding if it is supported by more than a scintilla of evidence. Id. When reviewing findings of fact for factual sufficiency, we consider and weigh all of the evidence and set aside the finding only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. See Cain v. Bain, 709 S.W.2d 175, 176 (Tex.1986) (per curiam). In a bench trial, it is for the court, as trier of fact, to judge the witnesses, to assign the weight to be given their testimony, and to resolve any conflicts or inconsistencies in the testimony. LaCroix v. Simpson, 148 S.W.3d 731, 784 (Tex.App.-Dallas 2004, no pet.).

We review challenges to a trial court’s conclusions of law as a matter of law. Boyd v. Diversified Fin. Sys., 1 S.W.3d 888, 890 (Tex.App.-Dallas 1999, no pet.). When a party challenges conclusions of law on appeal, we independently evaluate those conclusions with limited deference to the trial court’s application of the law to the facts. Id. at 890-91. The trial court abuses its discretion when it fails to apply the law correctly. Id. at 891.

Characterization

In his first point of error, Husband contends the trial court erred in characterizing six items as community assets. He contends these assets are his separate property.

Property owned before marriage or acquired during marriage by gift, devise, or descent, is separate property. TEX. FAM. CODE ANN. § 3.001 (Vernon 1998). Community property consists of all property, other than separate property, acquired by either spouse during marriage. TEX. FAM. CODE ANN. § 3.002 (Vernon 1998). All property on hand at the dissolution of marriage is presumed to be community property. TEX. FAM. CODE ANN. § 3.003(a) (Vernon 1998). It is a rebuttable presumption, requiring a spouse claiming assets as separate property to establish the separate character by clear and convincing evidence. TEX. FAM. CODE ANN. § 3.003(b) (Vernon 1998). A trial court is charged with dividing the community estate in a “just and right” manner, considering the rights of both parties. TEX. FAM. CODE ANN. § 7.001 (Vernon 1998).

1. DAX Enterprises, Inc.

Husband contends the trial court erred in its finding that DAX Enterprises, Inc. was his alter ego. DAX was Husband’s separate property because he owned it prior to the marriage. See TEX. FAM. CODE ANN. § 3.001 (Vernon 1998).

Under certain circumstances, a spouse may be able to reach the assets of the other spouse’s separately owned corporation. A finding of alter ego allows piercing of the corporate veil. Piercing the corporate veil, in turn, allows the trial court to characterize as community property assets that would otherwise be the separate property of a spouse. Lifshutz v. Lifshutz, 61 S.W.3d 511, 516 (Tex.App.-San Antonio 2001, pet. denied). In the divorce context, piercing the corporate veil allows the trial court to achieve an equitable result. Id.

In a divorce case, a finding of alter ego sufficient to justify piercing the *282 corporate veil requires: (1) unity between the separate property corporation and the spouse such that the separateness has ceased to exist; and (2) the spouse’s improper use of the corporation damaged the community estate beyond that which might be remedied by a claim for reimbursement. Lifshutz v. Lifshutz, 61 S.W.3d at 517. In Lifshutz, the trial court pierced the corporate veil of the husband’s corporation. The appeals court reversed. Although there was some evidence of unity between the corporation’s and the husband’s finances, the court held there was no evidence that the husband’s misuse and dominance of the corporation resulted in a transfer of community property to the corporation. Lifshutz, 61 S.W.3d at 517-18.

In another case, the appellate court held the trial court’s conclusion that the husband’s corporation was not his alter was against the great weight and preponderance of the evidence. See Zisblatt v. Zisblatt, 693 S.W.2d 944, 955 (Tex.App.Fort Worth 1985, writ dism’d). In Zis-blatt,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Goldovsky v. Rauld
W.D. Texas, 2025
Tommy Dale Day v. Melissa Kay Day
Court of Appeals of Texas, 2024
David Rice v. Melinda Rice
Court of Appeals of Texas, 2023
in the Interest of M.H.A, and Z.H.A., Children
Court of Appeals of Texas, 2022
in the Interest of H.M.W., a Child
Court of Appeals of Texas, 2022
Jeffrey J. Markey v. Kathryn L. Markey
Court of Appeals of Texas, 2021
City of Dallas v. Reggie Ruffin
Court of Appeals of Texas, 2021
in the Interest of I.D.C., a Child
Court of Appeals of Texas, 2021
Dean Park v. Ziad Aboudail
Court of Appeals of Texas, 2021
Kilgore ISD v. Sheila Anderson
Court of Appeals of Texas, 2020
in the Interest of S. B., a Child
Court of Appeals of Texas, 2019
in the Interest of C.P., a Child
Court of Appeals of Texas, 2019
Fuentes v. Zaragoza
555 S.W.3d 141 (Court of Appeals of Texas, 2018)
in the Interest of J.R., S.R., C.R., and C.R., Children
501 S.W.3d 738 (Court of Appeals of Texas, 2016)
in Re: Roger Arash Farahmand
Court of Appeals of Texas, 2015
Leatha A. Munai v. William K. Munai
Court of Appeals of Texas, 2015

Cite This Page — Counsel Stack

Bluebook (online)
168 S.W.3d 276, 2005 Tex. App. LEXIS 4920, 2005 WL 1661881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-young-texapp-2005.