Earl E. Busby, Petitioner v. Mary Lou Busby, Respondent

Summary

The Texas Supreme Court held that the defendant's disability retirement benefits were community property at the time of the parties' 1963 divorce and that the plaintiff could seek partition of those benefits notwithstanding the prior divorce decree. The Court relied on earlier decisions that military retirement benefits earned during marriage constitute community property. It affirmed the Court of Civil Appeals' judgment awarding the plaintiff one‑half of the benefits. Justice Walker dissented, arguing the benefits are not property and that the divorce judgment bars the claim.