Waite v. Waite

In Waite v. Waite, 150 S.W.3d 797, 803 (Tex. App.--Houston 14th Dist. 2004, pet. denied), the appellant asserted in an affidavit that he had to take the money awarded to him from the court registry because he needed to pay daily living expenses and to complete repairs on his home, which had been designated as his separate property. 150 S.W.3d at 805. He also asserted that the tax refund awarded to him was only a return of money he had advanced as a result of an accounting error and that he had not sold or encumbered the home that he had taken possession of and filed a lien establishing he was the sole owner. Id. The court held that the appellant's affidavit did not support his claim of economic necessity because it was largely conclusory. Id. The court observed that the appellant had offered few specifics to support his initial contention that he needed the money awarded to him to pay his daily living expenses, stating only that he had to pay for such things as food, clothing, rent, and insurance. Id. Nor had he presented any proof of what his other assets or sources of income were. Id. at 805-06. The court held that the appellant had failed to show that he accepted the benefits because of economic necessity and granted the motion to dismiss. Id. at 808.