In 1974, Robert and Dorris Hanau (defendant) were married in Illinois. In 1979, the couple moved to Texas. During that interim five-year period, Robert acquired significant stock with his separate property. Under Illinois law, the stocks were classified as separate property. Robert’s will left his separate property to his children of a previous marriage. Robert’s son, Steven (plaintiff), filed a petition seeking to have Dorris removed as executrix of the estate. Thereafter, Dorris sought a ruling that Texas courts should classify the stocks as marital property. The trial court granted Dorris partial summary judgment. The court of appeals affirmed in part and reversed in part. Both parties appealed.