Johnson v. Johnson
Texas Court of Appeals
584 S.W.2d 307 (1979)
- Written by Whitney Kamerzel , JD
Facts
Stanley Johnson and Adele Johnson were married and later divorced. Before the marriage, Stanley moved from Florida to Texas to search for a house to purchase. Upon finding a house, Stanley signed the purchase contract in his name and paid for the home with his separate funds. The parties subsequently married, and a deed was executed for the house that named both Stanley and Adele as grantees. However, Stanley did not instruct anyone to identify Adele in the home’s deed, he did not see the deed before it was recorded, and he never discussed gifting the house to Adele. Other than the deed, no other writings existed to identify Adele as the home’s owner. Upon Adele and Stanley’s divorce, Stanley identified the home as his separate property. Adele identified the home as community property because the deed listed her name. The trial court held that the home was Stanley’s separate property. Adele appealed.
Rule of Law
Issue
Holding and Reasoning (Ray, J.)
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