Texas Supreme Court
Charlotte Pemelton Heggen, Petitioner v. Billy Gene Pemelton, Respondent
September 9, 1992836 S.W.2d 145
Summary
The Texas Supreme Court reversed the Court of Appeals and remanded, holding that a judgment awarded to one spouse cannot be secured by an equitable lien on the other spouse's separate‑property homestead unless the lien secures reimbursement for community improvements. The Court emphasized that the Texas Constitution permits liens only for purchase money, taxes, or improvement debts contracted for in writing with both spouses' consent. A concurring Justice agreed with the judgment but expressed concern about the Court's discussion of homestead character.