Patt v. Patt
Texas Court of Appeals
689 S.W.2d 505 (1985)
- Written by Whitney Kamerzel , JD
Facts
Almatine Patt (plaintiff) and Felton Patt (defendant) were married for over 30 years. Almatine petitioned for divorce for irreconcilable differences without regard to the fault of either party, and a divorce was granted. The parties’ only community property was their home, worth $40,000, which was still subject to an $8,000 mortgage and taxes, the furniture, and an older car. The parties did not own separate property. The trial court awarded the parties a one-half interest in all the community property, but the court awarded Almatine the exclusive use of the automobile and home for the remainder of her life, subject to her payment of the mortgage and taxes. Three of the Patts’ 11 children still lived in the home with Almatine. Two of those children were employed and paid for the mortgage and taxes. Almatine did not work and had no marketable skills. Felton was unemployed because he was disabled and had been living with his sister for two years. Felton paid his sister monthly from a disability check he received each month. Felton appealed the trial court’s distribution of community property, arguing he would likely never receive anything more than the remainder interest in the home.
Rule of Law
Issue
Holding and Reasoning (Duggan, J.)
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