Tyeskie v. Tyeskie
Texas Court of Appeals
558 S.W.3d 719 (2018)
Herman Tyeskie (plaintiff) and Inger Tyeskie (defendant) were a married couple. Herman filed for divorce. Inger filed a counterclaim in which she sought reimbursement to her separate estate for money spent while married on a down payment for the couple’s marital home. Inger claimed that she was entitled to a credit of over $52,000 for the down payment because the money for the payment came from separate funds in her bank account. However, the evidence showed that the money for the down payment came from a bank account that contained commingled funds. Inger was unable to show that the money used for the down payment could be traced to her separate property. The trial court concluded that the down payment was made by the community estate, or marital estate, so Inger was not entitled to reimbursement. Inger appealed.
Rule of Law
Holding and Reasoning (Moseley, J.)
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