In the Matter of the Marriage of Christodolou

The appellant (Kelli) in this divorce proceeding challenges the trial court's disposition of community assets, specifically a homestead that was purchased with an unsecured loan given by Peter's now deceased father. To avoid the effect of that spouse (Peter) having to repay the loan amount in toto, out of his share of the estate, the trial court granted Peter an "equitable lien" against a promissory note he was to give his ex-wife. In turn, Keli was granted an "equitable lien" on the house (and homestead) awarded Peter. That lien is not "equivalent to a purchase money lien" and does not survive the prohibitions erected by Texas Constitution article 16, §50. That portion of the divorce decree is reversed and remanded, and the remainder is affirmed. Amarillo Court of Appeals, No. 07-12-0080-CV, 10-10-2012.

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