separate property
Separate Property Lost to Residuary Clause
March 28, 2009
A former husband who represented himself upon divorce
later claimed that certain mineral interests given to
him by his parents during marriage were his separate
property. Although the mineral interests were not
mentioned in the divorce decree, the decree contained
a residuary clause awarding each spouse “a one-half
interest in all other property or assets not
otherwise disposed of or divided herein.” The
appellate court ordered that the former wife be
awarded half the mineral interests. In the Matter
of the Marriage of Fillingim, No. 07-08-0144-CV
(Tex. App. - Amarillo Mar. 24, 2009).
Courtesy of Verner & Brumley, P.C. Dallas, Texas
Courtesy of Verner & Brumley, P.C. Dallas, Texas