## Facts

- Wilma Ethel LeBlanc and her husband separated around September 15, 1978 and orally divided their property, but executed no written partition agreement under the Texas Family Code.
- After separation but before divorce, Mr. LeBlanc operated as an independent plumbing contractor and purchased plumbing materials on credit from Peyton Waller for use in his business.
- Wilma had no dealings with Waller, did not participate in or benefit from the transactions, and learned of the debt shortly before the divorce hearing; she lived separately and supported herself when the debt was incurred.
- Waller intervened in the divorce action as an alleged community creditor seeking recovery for the materials debt.
- Wilma had filed an answer in the divorce action before the intervention, but did not file a separate answer specifically responding to Waller’s plea in intervention.

## Issues

1. Whether an intervenor is entitled to a default judgment under Texas Rule of Civil Procedure 239 when the defendant previously filed an answer in the main action but filed no separate answer to the intervention.
2. Whether a post-separation, pre-divorce business debt incurred by the husband is enforceable against the wife or her share of community property, including property under her sole management.

## Decision

- The court held Waller was not entitled to a default judgment because Wilma had previously filed an answer, which precluded default under Rule 239.
- The court also held any claimed right to default was waived because Waller failed to obtain a ruling on his default motion and did not timely object to pleading deficiencies.
- On the merits, the court concluded Wilma’s property interests—particularly her sole-management community property—were not subject to Waller’s claim arising from the husband’s business purchases.
- Disposition: affirmed in part and reversed and rendered in part, leaving the claim enforceable only against the husband and property reachable through him.

## Legal Principles

- Under Tex. R. Civ. P. 239, default is unavailable when the defendant has previously filed an answer; a separate answer to an intervention is not required to avoid default if an answer is already on file.
- A party waives a default theory by not securing a ruling on a default request and by proceeding without preserving objections to pleading defects.
- Debts incurred during marriage are presumed community, but enforcement against a non-contracting spouse depends on Texas rules governing community-property management and creditor reach.
- A creditor of one spouse’s business cannot reach the other spouse’s sole-management community property absent a basis under Texas law to charge that spouse or that property with the obligation.

## Conclusion

The court rejected an intervening creditor’s attempt to obtain default relief in a divorce case and limited collection of the husband’s post-separation business debt to the husband and property available through him, protecting the wife’s sole-management property from liability.


LeBlanc v. Waller, 603 S.W.2d 265 (Tex. Civ. App.—Houston [14th Dist.] 1980)