Fight for Your Fair Share: Navigating Property Division in Divorce with a Divorce Lawyer

In the case of Danner v. Danner, decided on February 15, 2024, by the Texas Court of Appeals in Beaumont, a significant legal ruling was made concerning the division of property following a divorce. This decision highlights the intricate details of property division, particularly when it involves investment accounts and the entitlement to post-judgment interest.

Background of the Case

The case originated from a 2018 final decree of divorce where the wife (W) was awarded full ownership of two investment accounts valued at $548,000. Additionally, she was granted over $1 million from a third account through a Qualified Domestic Relations Order (QDRO). These accounts were composed of both cash and securities.

The husband (H) challenged the division of these assets, but his appeal was ultimately unsuccessful. The Supreme Court denied his Petition for Review in 2021, cementing the appellate decision. Meanwhile, during the appeal process, the wife was denied access to the awarded accounts and assets.

The Issue of Post-Judgment Interest

The wife sought post-judgment interest on the amounts awarded, arguing that the delay in accessing her assets warranted such compensation. However, the husband countered, asserting that the award did not constitute a monetary judgment, and therefore, applying post-judgment interest under the Finance Code was incorrect.

The trial court sided with the husband, ruling that the wife was not entitled to interest. Upon appeal, the Court of Appeals delved into the interpretation of statutes, highlighting that the exclusion of certain words is deliberate. It emphasized that the Finance Code's provision for interest on money judgments does not extend to other forms of judgments.

Moreover, the court differentiated between "money" as defined under the Business & Commerce Code and "securities" as outlined in the Government Code. Given that the awarded accounts contained a mix of both, the Court of Appeals concluded that the awards were not money judgments. Consequently, the wife was not eligible for post-judgment interest.

Conclusion

The Danner v. Danner ruling underscores the complexity of dividing assets in divorce proceedings, especially when those assets are not strictly in cash form. It also highlights the specificity with which legal statutes are interpreted, affecting the outcomes of such disputes. This case serves as a crucial reference for legal professionals and individuals navigating similar situations, offering insights into the nuances of property division and the implications of legal definitions on financial outcomes.

This analysis sheds light on an essential aspect of family law and asset division. Providing a clear understanding of the legal principles at play. It also underscores the importance of precise legal language and its impact on the entitlements of divorcing spouses.

Disclaimer

Consulting with a qualified divorce lawyer is essential. If you are going through a divorce and have questions about property division or other complex financial issues. An experienced divorce lawyer can help you understand your rights, protect your interests, and navigate the legal process effectively.

This blog post is for informational purposes and does not constitute legal advice. Please consult Michael G. (A Houston Divorce Lawyer) for guidance on your divorce case.