Harrington v. Harrington

742 S.W.2d 722 (1987)

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Harrington v. Harrington

Texas Court of Appeals
742 S.W.2d 722 (1987)

  • Written by Whitney Kamerzel , JD

Facts

Brian Harrington (plaintiff) and M. Gay Harrington (defendant) lived together with their children in properties rented under both Brian’s and Gay’s names. After three years of renting these properties together, Brian and Gay became ceremonially married and decided to purchase a house. Brian and Gay searched for a house to purchase, and after deciding on a home they liked, both Brian and Gay attended the property’s real estate closing. At the closing, the title to the property was placed in Brian’s name only for credit and convenience purposes because Gay was quitting her job to attend law school full-time. Both parties referred to the property as our home. After the parties sought and received a judicial divorce, the trial court awarded Brian and Gay equal undivided interests in the house as tenants in common. The trial court found that although the title to the property was placed in only Brian’s name, the parties conduct showed that an oral partnership existed and that the parties intended for the home to be owned, used, and enjoyed by both parties. The court found that both parties wanted to purchase the home to raise their children and both Brian and Gay contributed financially to the home’s repairs and improvements. Brian appealed, arguing the court unconstitutionally divested him of his separate property that was obtained before he was married to Gay. Brian also argued there was no evidence of an oral partnership.

Rule of Law

Issue

Holding and Reasoning (Duggan, J.)

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