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Horlock v. Horlock

Texas Court of Appeals

533 S.W.2d 52 (1975)

Facts

Dorothy Horlock (plaintiff) and Roy Horlock (defendant) were married. Before the marriage, Roy Horlock became a successful businessman and had over $900,000 of separate-property funds contained in an investment account. During the marriage, Roy commingled these separate-property funds with community-property funds in the same account. Roy used his separate-property funds throughout the marriage to increase the total funds in the account to $3 million. Dorothy filed for a divorce and asked the court to establish the $3 million estate as community property. Roy’s separate-property funds were so commingled with the community-property funds that Roy did not even attempt to trace his separate property in the account at trial. However, the trial court held that although the $3 million estate was community property, Roy was entitled to a reimbursement of his initial separate property because that property had been used to increase the value of the community-property estate. Dorothy appealed, arguing that Roy was not entitled to reimbursement because Roy presented no evidence to show that his original separate property was used to benefit the community estate.

Rule of Law

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Issue

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Holding and Reasoning (Coulson, J.)

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