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Williams v. Williams

569 S.W.2d 867 (1978)

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Williams v. Williams

Texas Supreme Court
569 S.W.2d 867 (1978)

  • Written by Whitney Kamerzel , JD

Facts

William Williams, Sr., and Mildred Lawrence (defendant) were married. Both spouses were previously married and brought substantial separate property to the marriage. Before the marriage, William and Mildred willingly signed a premarital agreement that all property they brought to the marriage would remain their separate property to do with as they wished and would not be subject to the claims of the other spouse at any time. William devised the home he lived in, which was his separate property before the marriage, to his children, William Williams, Jr., and Geneva Canion (plaintiffs). A few months after William and Mildred’s marriage, William died. Mildred refused to vacate the home, so William Jr. and Geneva filed suit to claim the property devised to them by William Sr. The trial court held that the premarital agreement validly waived any marital rights Mildred had to the home. The court of appeals reversed, holding that the Texas constitution gave spouses the right to live in the marital homestead for the spouse’s lifetime even if it was devised to a third party.

Rule of Law

Issue

Holding and Reasoning (McGee, J.)

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