Fillingim v. Fillingim, No. 10‑0013 (Texas Supreme Court, January 14, 2011): Mineral rights were characterized as community property at time of divorce decree and were divided between husband and wife through decree’s residuary clauses, and thus trial court lacked jurisdiction to modify that division; husband did not attend final hearing or offer any proof that mineral rights deeds were a gift from his parents and were separate property, as required to rebut the presumption that the mineral rights were community property, and, although divorce decree did not specifically divide the mineral deeds, the schedules included residuary clauses that awarded each party a “one‑half interest in all other property or assets not otherwise disposed of or divided herein.”
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com
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