Quimbee logo
DMCA.com Protection Status

Fanning v. Fanning

828 S.W.2d 135 (1992)

Case BriefRelatedOptions
From our private database of 31,100+ case briefs...

Fanning v. Fanning

Texas Court of Appeals

828 S.W.2d 135 (1992)

Facts

Whitney Fanning (defendant) and Nita Kissel (plaintiff) were married in September 1980. Both were attorneys with successful law practices. In August 1980, Whitney and Nita signed a premarital agreement, which specified that personal earnings from Whitney’s or Nita’s law practices would remain separate property. It also stated that all income from a list of separate property would remain separate property. In the premarital agreement, Whitney and Nita acknowledged that under current law, most of their future property would be community property. However, Whitney and Nita stated that if a then-proposed Texas constitutional amendment that allowed community property to be reclassified as separate property were passed, their agreements would take effect. The amendment passed in 1980. Whitney and Nita executed a 1981 partition agreement that stated there would no longer be any community-property interest in income derived from the separate property of either of them. Nita filed for divorce, and the trial court failed to enforce the premarital or partition agreements. Instead, the trial court gave much of the assets and custody of their children to Nita. Whitney appealed.

Rule of Law

Issue

Holding and Reasoning (Cummings, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 557,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 557,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 31,100 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 557,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 31,100 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership