Tirado v. Tirado

357 S.W.2d 468 (1962)

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Tirado v. Tirado

Texas Court of Civil Appeals
357 S.W.2d 468 (1962)

  • Written by Whitney Kamerzel , JD

Facts

Merle Tirado (plaintiff) and Tom Tirado (defendant) were married for three years. Merle filed for a divorce and the distribution of their community property. Merle was married previously and, upon her former spouse’s death, inherited as separate property the rights to oil and gas existing on Louisiana property. During Merle’s marriage to Tom, oil and gas was extracted from the Louisiana property and sold to purchasers in Texas. The proceeds from these sales were deposited into a production account. These funds were used to maintain the Louisiana property and to purchase an apartment in New York. Merle and Tom were married in Texas and lived in Texas for the duration of their marriage. The trial court granted Merle a divorce and gave Tom a one-half community property interest in the oil and gas proceeds as well as the New York apartment because it was purchased with the proceeds. Merle appealed, arguing the oil and gas proceeds were her separate property under Texas law. Tom argued that under Louisiana law, proceeds from the sale of oil and gas become community property.

Rule of Law

Issue

Holding and Reasoning (Davis, J.)

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