In Ex parte Davis, 542 S.W.2d 192 (Tex.Crim.App. 1976), Cullen Davis, his brother, and a trust, had record ownership of a house. Id. at 195.
His estranged wife, however, had been given exclusive possession of the residence through a trial court's temporary order in a divorce proceeding, and Cullen Davis was ordered to stay away from the property. Id.
Based on the divorce court order, the Court of Criminal Appeals rejected his claim that he could not have committed burglary of property he jointly owned. Id. at 196.