## Facts

- Darlene Brown and Donald Brown were married and later sought a divorce in Texas.
- The trial court granted the divorce on the no-fault ground of insupportability.
- At the time of the divorce proceedings, Donald was incarcerated, serving a prison sentence for child molestation.
- Evidence indicated Donald used community assets to pay for his criminal defense, but the record did not establish the amount of community funds or property used.
- The record contained no evidence of the value of the community estate or the value of particular community assets.
- The trial court awarded 100% of the community property to Darlene.
- Donald appealed the property division.

## Issues

1. In a divorce granted on insupportability, may the trial court consider one spouse’s fault or misconduct when making a “just and right” division of the community estate under Texas Family Code § 7.001?
2. Did the trial court abuse its discretion by awarding Darlene all community property when the record contained no evidence of the value of the community estate and no proof quantifying alleged misuse of community assets for Donald’s criminal defense?

## Decision

- The court of appeals held that a trial court may consider fault as a factor in dividing community property even when the divorce is granted on the no-fault ground of insupportability.
- The court of appeals held the trial court abused its discretion by awarding Darlene 100% of the community estate on a record that did not establish the value of the estate and did not quantify the alleged expenditure of community assets for Donald’s criminal defense.
- The court reversed the property division and remanded for a new division of the community estate.

## Legal Principles

- Texas Family Code § 7.001 requires the trial court to divide the community estate in a manner the court deems “just and right,” having due regard for the rights of each spouse.
- A trial court has broad discretion in dividing community property, and an appellate court reviews the division for abuse of discretion.
- Marital fault or serious misconduct may be considered as one factor in a “just and right” community-property division, even if the divorce is granted for insupportability.
- A highly disproportionate division must be supported by evidence that permits meaningful review, including evidence of the nature and value of the community estate.
- When a party argues that community property was wasted or improperly used (such as for one spouse’s criminal defense), the record must contain proof sufficient to show the extent of the claimed use; otherwise, the trial court lacks an evidentiary basis for assigning all community property to the other spouse.

## Conclusion

Marriage of Brown holds that Texas courts may consider fault in dividing community property even in an insupportability divorce, but a trial court abuses its discretion by awarding one spouse 100% of the community estate when the record provides no valuation evidence and does not quantify the alleged dissipation of community assets; the property division was reversed and remanded for a new division.


Marriage of Brown, 187 S.W.3d 143 (2006)