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Top 20 Texas Family Law Cases: EGGEMEYER v. EGGEMEYER

Top 20 Texas Family Law CasesCase 6: EGGEMEYER v. EGGEMEYER.

Case number six in our Top 20 Texas Family Law Cases series is EGGEMEYER v. EGGEMEYER. Prior to Eggemeyer, there was some confusion as to whether a court could divest a party of their separate property in a Texas divorce.

Division of Separate Property in Texas Divorce

EGGEMEYER v. EGGEMEYER, 554 S.W.2d 137 (Tex. 1977)


When Home Eggemeyer and Virginia Eggemeyer were divorced the trial court awarded the entirety of a small family farm to the wife. Homer Eggemeyer owned an undivided one-third interest in the home pursuant to a gift from his mother. The trial court created a lien on the property (the third in line) from Virginia to Homer, which was not due and payable until their youngest child turned 18 years old.

The Court Decision

A court may not divest a party of their separate, real property.

Significance of Case

Prior to Eggemeyer, there was some confusion as to whether a court could divest a party of their separate property upon divorce, as a means to balance inequities in the division of the estate, or as support for the minor children of the marriage.

The Eggemeyer Court determined that in certain instances, it may be okay to set aside separate property for the benefit of the children of the marriage. However, in this instance, the trial court did mention the children, and instead of using a trustee or receiver, actually divested the husband of his separate property.

Eggemeyer was the first Supreme Court case to specifically prohibit a trial court from divesting a party of their separate property during divorce.

Top 20 Texas Family Law Cases: GRAHAM v. FRANCO

The next case on our list is GRAHAM v. FRANCO. Prior to this case the issue of characterization of personal injury awards had not been directly decided by the Supreme Court.



Justin Morely | Family Law Attorney San Antonio

Justin Morley

Justin Morley primarily practices family law at Langley & Banack’s San Antonio and New Braunfels locations. Mr. Morley’s family law experience includes divorce, child custody, visitation, complex property divisions, alimony, paternity issues, prenuptial agreements, and adoption cases. He is Board Certified in Family Law by the Texas Board of Legal Specialization, and a frequent writer and speaker on family law topics. Scene S.A named Mr. Morley a Rising Star in 2011 and one of the Best S.A. Lawyers in 2015.

Kristal Thomson | Family Lawyer San Antonio

Kristal Thomson

Kristal Thomson is a family law specialist, board certified in family law by the Texas Board of Legal Specialization. She focuses on divorces with complex or high net worth estates and complicated custody issues. Her expertise is recognized state-wide through her numerous writing and speaking engagements and involvement in various family law related leadership positions. Ms. Thomson is one of only ten lawyers in San Antonio elected as a fellow to the prestigious American Academy of Matrimonial Specialists.


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