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Click here for the full text of this decision FACTS:At her divorce trial, Billie Evelyn Todd testified that she lived on “road 2117, 550,” had a farm there and owned the farm before the marriage. Her husband, Sammie Joe Todd, countered that when he arrived, there was no tractor at the property. He also said that when he first saw the place, there were two iron gates and now there were seven. Sammie Joe repeatedly referred to the house as “her house” and said that the house needed so much until a man like him could come along and put “some horsepower and some money” into it. In dividing the couple’s property, the trial court found that the home and 137 acres of land in Cooke county belonged to Billie Evelyn as her separate property. The property was described as being located in the “Thomas Hardeway Survey, Abstract No. 464.” The trial court awarded Sammie Joe as his separate property his clothes, his pickup truck, a 1984 Ford automobile and a shotgun. Furthermore, he was awarded two cases of oil, a bedspread, two pillows, a headboard, mattress, chain saw and weed eater. Sammie Joe appeals these findings, arguing the evidence does not support the characterization of the house as separate property, and the evidence was not enough to overcome the presumption of community property. HOLDING:Affirmed. The court notes that Billie Evelyn testified that she lived on the farm, and that no other evidence related to any other farm or ranch was entered. Her description of where she lived as being on “road 2117, 550″ was enough to sufficiently describe the location of the farm to identify it. The court further finds no evidence to contradict Billie Evelyn’s testimony that she owned the farm before the marriage, noting Sammie Joe’s references to the house as “her house.” The court finally finds no evidence concerning the value of the community assets that would support Sammie Joe’s argument that the division of property was unjust. OPINION:Dauphinot, J.; Livingston, Dauphinot and Walker, JJ. DISSENT:Livingston, J. “[T]he parties undertook no discovery and included no inventories in this appellate record. [Billie Evelyn] did not offer any deeds into evidence or testify to their existence or to the property’s legal description. She never even testified to the date when the 137-acre tract was acquired or offered any testimony about how it was acquired. In light of the higher burden of proof at trial � clear and convincing � and the higher standard of review on appeal, I can find no basis for supporting the characterization of the real property as [Billie Evelyn's] separate property.

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