Patino v. Patino
Texas Court of Appeals
687 S.W.2d 799 (1985)
- Written by Whitney Kamerzel , JD
Facts
Isaac Patino (plaintiff) and Trong Patino (defendant) were married while Isaac was a member of the military. The Patinos decided to separate and executed a document titled a separation agreement. The agreement stated that Trong would be given the Patinos’ home, Trong’s child would be given Isaac’s military retirement pay, and Isaac would be given various personal property. Along with the agreement, Isaac issued a special warranty deed of the home to Trong. Isaac later filed for divorce. The trial court set aside the separation agreement, holding it was not just, right, and fair. Although the retirement benefits were awarded to Isaac, the court awarded the Patinos’ home to Trong. Trong still appealed, arguing the agreement was actually a partition agreement that did not require the court’s permission to be valid.
Rule of Law
Issue
Holding and Reasoning (Dial, J.)
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