Aaron v. Aaron
In Aaron v. Aaron, No. 14-10-00765-CV, 2012 WL 273766 (Tex. App.--Houston 14th Dist. Jan. 31, 2012, no pet.) (mem. op.), the husband contended that the trial court erred in finding a house had been jointly acquired by the parties prior to marriage.
The evidence showed that the parties planned to purchase the house and signed an earnest money contract. Id.
However, the wife learned that her credit was poor and that they could purchase the house at a lower interest rate if it was purchased in the husband's name only. Id.
The husband signed another earnest money contract and the closing documents were in his name only. Id.
The trial court found that even though the parties purchased the house in the husband's name only, they purchased the house jointly and intended to be joint owners of the house and that the wife paid one-half of the down payment and closing costs.
The trial court concluded that the parties jointly owned the residence as tenants in common. Id.
The appellate court concluded that the evidence showed the parties purchased the house in the husband's name due only to the wife's poor credit and that they had agreed on how to handle the payment of the mortgage and expenses. Id.
Thus, the appellate court held that there was evidence to support the trial court's finding that the parties owned the house as tenants in common. Id.