Monday, June 11, 2007

Award of 100% of the Home Equity to Wife Affirmed Based on Stipulation

Court of Appeals Holds that Husband Did Not Effectively Revoke Stipulation Regarding Disposition of the Parties' Home.

In his appeal from the property division in a divorce case in which conservatorship was tried to a jury, husband unsuccessfully challenged his attorney's authority to enter the stipulation concerning the assignment of 100% of the equity in the parties' home to the wife. In an opinion by Justice Guzman, a former family court judge, the appellate panel holds that husband had waived the argument on appeal by failing to first present it in the trial court.

Zavala v. Zavala (Tex.App.- Houston [14th Dist.] May 31, 2007)(Guzman)(divorce, property division)

Disposition: Affirmed
Opinion by Justice Eva Guzman
Panel composition: Justices Kem Frost, Charles Seymore and Eva M. Guzman
Appellate cause no: 14-06-00081-CV
Style: Paul Zavala v. Evelyn Zavala
Trial Court: 246th District Court of Harris County (no name for judge shown on e-docket)

Legal lingo: divorce, unequal property division, 100% of the marital home to one spouse, settlement agreement between divorcing spouses, stipulation by counsel, revocation

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