Texas Divorce Attorney Blog
Texas spousal maintenance is only awarded under certain specific circumstances. The Texas Family Code sets out guidelines for the duration of a spousal support order, but the obligation to pay future maintenance also terminates on the death of either party, remarriage of the former spouse receiving maintenance, or upon a finding the former spouse receiving maintenance is cohabiting with a romantic partner. Tex. Fam. Code § 8.056.
In a recent case, a Texas appeals court considered whether a former husband’s obligation to pay property taxes should have been terminated with the monthly spousal maintenance when the former wife was cohabiting with a romantic partner.
Divorce Decree
The 2014 final divorce decree awarded the former husband as separate property “all rights, title, and interest” in a particular piece of real estate in San Antonio. It also awarded the former wife a life estate in that property. The husband was ordered to pay $1,500 in monthly spousal support, as well as the mortgage payments as “an additional spousal support obligation.”
Modification Petition
The husband petitioned to modify spousal support in February 2023. Evidence at the hearing showed the former wife had been living at the property with her boyfriend, with whom she had been in a relationship for years. The husband asked the court to terminate his monthly spousal support obligation and his obligation to pay the property taxes, pursuant to Tex. Fam. Code 8.056(b). He asked the court to order the wife to pay the property taxes and Homeowners Association (“HOA”) fees.
The husband’s attorney argued that generally, when a party has a life estate, they are required to maintain the property and pay the taxes.
The court granted the request to terminate the monthly spousal support obligation, but denied the husband’s request to terminate his obligation to pay the property taxes and HOA dues.
The Husband’s Appeal
The husband appealed. He argued he had met the burden of showing he was entitled to termination of spousal support. He further argued that mortgage payments were classified as “an additional spousal support” in the decree, so Tex. Fam. Code § 8.056(b) required the court to terminate the obligation to pay the property taxes. He also argued that a life estate owner is generally responsible for paying the mortgage interest and property taxes.
The appeals court noted that courts are generally required to interpret divorce decrees as a whole. The appeals court acknowledged the decree characterized the mortgage payments as additional spousal support in one section, but pointed out another section that required the husband to pay “[a]ll encumbrances, ad valorem taxes, liens, assessments, or other charges” on the property he was awarded. The husband was awarded the property as his sole and separate property and was obligated to pay the taxes pursuant to the decree. The appeals court also pointed out that courts cannot modify the property division once it becomes final. The appeals court concluded the husband’s obligation to pay the property taxes was part of the property division and could not be changed in a lawsuit after the divorce.
The appeals court concluded the trial court had not abused its discretion and affirmed the judgment.
Contact a Dallas Divorce Lawyer
Complex marital estates can lead to complex property divisions. Although the husband argued the property tax obligation was a spousal maintenance obligation, the appeals court concluded it was part of the property division. If you have a complex estate or anticipate a claim for spousal support, a knowledgeable Texas divorce attorney can help advise you and work to protect your rights and assets. Set up a consultation with McClure Law Group at 214.692.8200.