Mock v. Mock

216 S.W.3d 370 (2006)

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Mock v. Mock

Texas Court of Appeals
216 S.W.3d 370 (2006)

  • Written by Whitney Kamerzel , JD

Facts

Martha Mock (plaintiff) and James Mock (defendant) were married. During the marriage, James Mock accrued substantial credit-card debt. After the divorce, the trial court held that James’s credit-card debt was community-property debt and awarded approximately half of this debt to Martha. Martha appealed, arguing that because she did not know about the debt during the marriage, her portion of the community property and her separate property were protected from James’s debt.

Rule of Law

Issue

Holding and Reasoning (McCall, J.)

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Casebooks

Family Law

Key Terms

  • Community PropertyProperty accumulated during the course of a marriage that is subject to division upon divorce. During both spouses’ lifetimes, each has a one-half ownership interest in all community property.
  • Separate PropertyProperty acquired by one spouse before marriage or by gift or inheritance, in which the other spouse has no ownership interest. Property acquired by one spouse after the date of commencement of a divorce action is also considered separate property.

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