Rogers v. Foxworth, 214 S.W.3d 196 (Tex. App.—Tyler 2007, no pet.).
After death of Father, Daughters claimed economic contribution from
Step-Mother for his contributions to her separate property, a house and
a teacher retirement account, based on Family Code § 3.403. These
contributions would then enhance Daughters’ intestate share as they are
entitled to all of their Father’s one-half interest in the community
property under Probate Code § 45.
The appellate court denied Daughters’ claim against the house because
they failed to show that the house increased in value because of the
economic contributions. Daughters were able to show that community
property was used to reduce the balance owed on Step-Mother’s house.
However, evidence was needed to show the enhancement in value to the
Step-Mother’s house due to the expenditure of community funds.
The appellate court also denied Daughter’s claim against the teacher
retirement account. The account was governed by Government Code §
804.001(3) which provides that the death of spouse terminates the
interest of the spouse. Thus, by operation of law, Daughters could not
recover for the enhanced value of the retirement account due to
community contributions.
Moral: When attempting to show economic contribution, be certain to
present evidence of the increased value due to the contribution.