Texas Supreme Court

Charlotte Pemelton Heggen, Petitioner v. Billy Gene Pemelton, Respondent

September 9, 1992836 S.W.2d 145

Summary

The Texas Supreme Court held that a judgment awarded to one spouse may not be secured by an equitable lien on the other spouse's separate property homestead unless the lien secures a reimbursement interest for community improvements. Accordingly, the Court reversed the Court of Appeals and remanded for further proceedings consistent with this opinion. Justice Cornyn, concurring, agreed with the judgment but expressed concerns about the reasoning concerning homestead character and the scope of trial courts' authority to impose such liens.