Opinion
No. 10-04-00097-CV
Opinion Delivered and Filed July 6, 2005.
Appeal from the 249th District Court, Somervell County, Texas, Trial Court No. D-04299.
Affirmed.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA, (Justice VANCE concurs in the result without a separate opinion).
MEMORANDUM OPINION
Andy Lane McClure appeals the trial court's division of the community estate on Andy's divorce from Gina Diane McClure. In two issues, Andy contends that the trial court erred in awarding certain funds to Gina as separate property. We affirm.
REBUTTAL OF COMMUNITY-PROPERTY PRESUMPTION
In Andy's first issue, he complains in three sub-issues that Gina did not rebut the community-property presumption.
Uncorroborated Testimony
In his first sub-issue, Andy argues that the testimony of Gina and her father was insufficient to rebut the community-property presumption. Andy cites one case for the proposition that the uncorroborated testimony of a spouse is insufficient. Boyd v. Boyd, 131 S.W.3d 605 (Tex.App.-Fort Worth 2004, no pet.). Assuming this is so, Boyd is not on point, since Gina's testimony was corroborated.
Condition on Gift
In his second sub-issue, Andy argues that the funds at issue could not have constituted a gift from Gina's father to Gina, because Gina's father put a condition on the transfer of certain real property. Andy's argument, however, does not address why the funds were not properly characterized as separate property. Rather, Andy attempts to impose on the funds a condition related to the tract of real property on which those funds were spent by the construction of the house. He does not argue, however, that there was any condition on the funds or on what the funds could be spent for.
Gift Tax Return
In his third sub-issue, Andy argues that the trial court could only have considered the testimony of Gina's father that he gave Gina the funds as "false as a matter of law," since Gina's father did not produce federal gift tax returns. Andy cites no authority for this argument, and thus waives the sub-issue. See TEX. R. APP. P. 38.1(h); Cathey v. Meyer, 115 S.W.3d 644, 656 (Tex.App.-Waco 2003, pet. filed). In any event, Andy's argument is closely related to the estoppel argument that we rejected in Byrd v. Estate of Nelms. See Byrd v. Estate of Nelms, 154 S.W.3d 149, 159-60 (Tex.App.-Waco 2004, pet. filed).
We overrule Andy's first issue.
INTENT OF DONOR'S SPOUSE
In Andy's second issue, he argues that there was no evidence that Gina's mother intended that the funds at issue be a gift to Gina. Andy cites no authority for this argument, and thus waives the issue. See TEX. R. APP. P. 38.1(h); Cathey, 115 S.W.3d at 656. In any event, Andy's argument is essentially that Gina's father committed fraud on the community estate of Gina's father and mother, an argument that Andy has no standing to make. We overrule Andy's second issue.
Having overruled Andy's issues, we affirm the judgment.