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In re Marriage of Lucio

Court of Appeals of Texas, Fourteenth District

April 27, 2017

IN THE MATTER OF THE MARRIAGE OF VIRGINIA W. LUCIO AND VICTOR M. LUCIO

         On Appeal from the 309th District Court Harris County, Texas Trial Court Cause No. 2015-30977

          Panel consists of Justices Christopher, Jamison, and Donovan.

          MEMORANDUM OPINION

          Martha Hill Jamison Justice.

         Victor M. Lucio appeals from a final decree of divorce dissolving his marriage to Virginia W. Lucio. Virginia obtained a default divorce decree when Victor failed to timely file an answer in the divorce proceedings. Victor contends the trial court abused its discretion in its division of the community estate because the evidence at trial was legally insufficient to establish the value of the property to be divided. We reverse and remand the division of the community estate for further proceedings.

         Background

         Virginia and Victor were married in February 1982. Virginia filed her original petition for divorce on July 3, 2015. When Victor failed to file a timely answer, the trial court held a brief evidentiary hearing on August 10, 2015. The entirety of the evidence produced at that hearing regarding the couple's assets and liabilities was Virginia's testimony as follows:

Q. Okay. You have set forth in the decree a proposed division of your property and debts?
A. Yes.
Q. And you believe that the division is fair and equitable?
A. Fair, yes.
Q. And just and right?
A. Yes.
Q. And you're asking the Court to approve that division as part of your ...

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