## Facts

- Tyrone Michael Quinn and Shaleh Rene Milanizadeh began dating in June 1998.
- In 1999, Milanizadeh moved to Atlanta to live with Quinn; the couple separated in 2000 and she returned to Houston.
- Shortly after returning to Houston, Milanizadeh learned she was pregnant; Quinn moved back to Houston, and their daughter was born June 30, 2001.
- In October 2001, the parties purchased a home together in Houston; Quinn resided there with Milanizadeh and their child.
- The home loan documents were executed as “husband and wife,” and the parties represented themselves as married to others.
- In April 2004, Quinn began working in Kuwait; he extended his work abroad and stayed in the Houston home with Milanizadeh when he returned on vacation.
- In August 2005, while working abroad, Quinn purchased a condominium unit in Dubai as an investment.
- Quinn returned in June 2006 and again lived with Milanizadeh in the Houston home.
- After learning of alleged infidelities, Milanizadeh filed for divorce on August 31, 2006 while Quinn still lived in the home.
- The parties agreed to joint managing conservatorship and standard possession, with Milanizadeh to designate the child’s primary residence.
- At trial, an associate judge found an informal marriage and made recommendations on division of the marital estate; the trial court signed a final decree adopting those recommendations.

## Issues

1. Whether the case was improperly tried by an associate judge rather than the referring district judge.
2. Whether the final divorce decree failed to conform to Milanizadeh’s pleadings.
3. Whether legally and factually sufficient evidence supported the finding of an informal (common-law) marriage.
4. Whether the trial court reversibly erred by characterizing certain real property (including the Dubai condominium) as community property rather than partly separate property.

## Decision

- The court of appeals affirmed the final decree of divorce.
- The associate judge’s trial and recommendations, later adopted by the district court, did not require reversal on the record presented.
- The decree was supported by the pleadings as construed liberally and by the issues tried.
- Evidence was sufficient to support an informal marriage finding based on cohabitation, conduct reflecting an agreement to be married, and representations to others.
- Quinn did not show reversible error in the property characterization and division, including the treatment of the Dubai condominium as community property.

## Legal Principles

- In Texas, an informal marriage requires proof that the parties: (1) agreed to be married; (2) lived together in Texas as spouses; and (3) represented to others that they were married.
- Appellate review of an informal-marriage finding applies legal- and factual-sufficiency standards with deference to the trial court’s role as factfinder.
- A judgment must be supported by pleadings, which are construed liberally in favor of the pleader when the opposing party had fair notice of the claim and issues tried.
- Property acquired during marriage is presumed community property; the party asserting separate property must rebut the presumption by clear and convincing evidence.
- A trial court’s property characterization and division will not be reversed absent a showing of reversible error under the governing burdens and standards.

## Conclusion

The appellate court upheld a divorce decree premised on an informal marriage, concluding that the evidence supported the statutory elements of an informal marriage and that the challenged property characterization and division, including treatment of foreign real estate acquired during the marriage, did not warrant reversal.


Quinn v. Milanizadeh, No. 01-07-00489-CV, 2008 WL 828327 (Tex. App.—Houston [1st Dist.] Apr. 24, 2008)