## Facts

- Ronald Alexander LeBlanc (husband) and Sandra Lee LeBlanc (wife) divorced in Texas after a bench trial.
- Before marriage, the husband bought a house in his own name; the house was undisputedly his separate property.
- After separation, the wife continued living in the house.
- At trial, the wife presented substantial evidence of the husband’s fault in the marital breakup.
- The trial court’s decree awarded the wife a life estate in the house and divided the remaining marital estate; it also set child support.
- The husband did not personally appear at trial but was represented by counsel; he sought a continuance and later moved for new trial.

## Issues

1. Whether a divorce court may, as part of a “just and right” division, award the non-owning spouse a life estate in the other spouse’s separate-property residence.
2. Whether homestead-related authority to allocate occupancy and possession permits creation of a permanent property interest (life estate) in separate real property.
3. Whether the judgment should be treated as a default (triggering the Craddock standard) when a party fails to appear personally but is represented by counsel, and whether denial of continuance/new trial was error.

## Decision

- The court of appeals held the trial court abused its discretion by awarding the wife a life estate in the husband’s separate-property house.
- The court reversed the property-division portion of the decree and remanded for a new property division consistent with the prohibition on divesting separate property.
- The court upheld the trial court’s rulings on continuance and new trial, concluding the case was tried on the merits rather than by default.
- On writ review, the Supreme Court of Texas denied relief and clarified that there was no default because the husband was represented at trial by counsel, even though he did not personally appear.

## Legal Principles

- In a Texas divorce, the trial court has broad discretion to divide the community estate in a “just and right” manner, but it may not divest a spouse of title to separate property.
- Awarding a life estate in one spouse’s separate real property to the other spouse is improper when it effectively deprives the owner of the fee interest.
- A divorce court may assign use, possession, or occupancy of a homestead as an incident of divorce, but it may not convert homestead occupancy protection into an enduring title-based estate in separate property.
- The Craddock standard applies to default judgments, including defaults based on failure to appear for trial; however, when a party is represented by counsel at trial and the case is decided on the merits, the judgment is not a default even if the party is absent.

## Conclusion

The appellate court held that the divorce decree impermissibly altered separate-property rights by granting the wife a life estate in the husband’s premarital home; the property division was reversed and remanded, while the remaining procedural complaints failed because the case was tried on the merits with counsel present rather than by default.


LeBlanc v. LeBlanc, 761 S.W.2d 450 (Tex. App.—Corpus Christi 1988, writ denied)