(Download) "Robert James Penick v. Maria C. Penick" by First District, Houston Court of Appeals of Texas # Book PDF Kindle ePub Free
eBook details
- Title: Robert James Penick v. Maria C. Penick
- Author : First District, Houston Court of Appeals of Texas
- Release Date : January 14, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
This divorce case concerns the proper measure for reimbursement when community funds are used to pay a prenuptial, purchase money debt. The specific issue is whether tax benefits derived by the community estate from a spouses separate property may be considered and offset against the sum advanced by the community estate to reduce the principal of the debt on the separate property. In reversing the judgment of the trial court, the court of appeals held that the proper measure for reimbursement in this situation was to return to the community estate the actual amount expended on the principal of the separate property debt without consideration of offsetting benefits. 750 S.W.2d 247. We hold that the trial court properly considered offsetting benefits in determining the measure of reimbursement here and, accordingly, we reverse the judgment of the court of appeals and affirm the judgment of the trial court.