McElwee v. McElwee
Texas Court of Appeals
991 S.W.2d 182 (1995)
- Written by Whitney Kamerzel , JD
Facts
Mary McElwee (plaintiff) filed for divorce from her husband, Edward McElwee (defendant). At trial, the divorce court awarded 61 percent of the McElwees’ community property to Mary and 39 percent to Edward. Several saving accounts, worth approximately $45,000, were not included in the community-property distribution. Instead, the trial court held that these accounts were Mary’s separate property because they were acquired during the marriage using her employer-provided monthly disability payments. If the court had included the savings accounts in the community-property distribution and also awarded them to Mary, she would have received a 64 percent distribution of the McElwees’ community property. Edward appealed, arguing the trial court improperly characterized these accounts as Mary’s separate property.
Rule of Law
Issue
Holding and Reasoning (Hutson-Dunn, J.)
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