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Jul 13

Interesting example of how a court can divide assets that were not awarded in the original divorce.

The parties were divorced in 2002 and the court’s property division then was 63% to the wife.   Eight years later, the wife filed a petition seeking post-divorce division of two pieces of land and some mineral rights that had not been awarded in the divorce decree.  This time, the trial court made an overall 50-50 division of the property including what was originally awarded and the undivided assets.  The wife on appeal complained that she should have been awarded 63% of the newly discovered assets.  The court of appeals held that the trial court was not bound by the property division ratio it used in the original divorce and the trial court did not err in using the 2002 values for the land instead of the 2011 values.

Harton v. Wade, No. 12-12-00158-CV (Tex. App. – Tyler 5/22/2013).

Category:Divorce, Property Division, Undivided Assets |

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