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Richards v. Richards
Texas Court of Appeals
371 S.W.3d 412 (2012)
Karen Richards (plaintiff) and James Richards (defendant) were married. Karen filed for a divorce. The trial court granted the divorce and distributed the community property between the spouses. Although the court awarded James five boats, James appealed and argued that the court improperly distributed the community property. At a subsequent hearing, James testified that he had sold two of these boats and was receiving monthly payments for the sale of a third boat. Although James stated that he had to sell the boats because he was almost bankrupt and his assets were less than his liabilities, he did not provide the court with financial documents to prove this assertion. In a separate affidavit, James stated that he had to sell the boats because the boat market was crashing and the cost of maintaining them was more than their value. Karen filed a motion to dismiss under the acceptance-of-the-benefits doctrine.
Rule of Law
Holding and Reasoning (Higley, J.)
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