In re Marriage of Joyner
Texas Court of Appeals
196 S.W.3d 883 (2006)
- Written by Whitney Kamerzel , JD
Facts
Belinda Joyner (plaintiff) filed for divorce from Thomas Joyner (defendant). The parties entered a binding settlement agreement distributing most of the community property between them. At a final hearing, a trial court distributed the few remaining pieces of community property. The court told the parties that it would be making a final judgment during the hearing, referred to Belinda as Thomas’s former spouse, and orally stated to the parties, “Your divorce is granted.” However, the court did not issue a written judgment granting the divorce. Thomas purchased a lottery ticket the next day and won $2 million. Belinda filed a motion to finalize the divorce and argued that because a final written judgment had not previously been entered, the lottery money was community property that needed to be distributed. The trial court issued a written judgment granting the divorce, but it held that the oral judgment was a final judgment and, therefore, the lottery money was not community property. Belinda appealed.
Rule of Law
Issue
Holding and Reasoning (Carter, J.)
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