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Click here for the full text of this decision FACTS:This is an appeal from the trial court’s property division in a divorce proceeding. The appellant, Grover C. Gibson, contends that the trial court erroneously awarded the appellee, Lehoma Joyce Gibson, property owned by a limited partnership in which appellant held a community property partnership interest and that the trial court denied him due course of law by delaying the final division of the marital estate until two years and eight months after trial. HOLDING:The court reverses the trial court’s judgment as to the property division and remands the case to the trial court to redivide the parties’ community estate. The court affirms the portion of the judgment granting the parties a divorce. The evidence at trial showed that appellant owned a 50-percent community property interest in the limited partnership and Glen owned the other 50-percent interest. The partnership’s assets consisted mainly of real property worth approximately $373,000 and $15,000 in cash and securities. In its final decree, the trial court awarded the following to appellee: “With respect to the limited partnerships known as GCG Partners, L.L.P., [appellee] is awarded all of the community interest including the partnership interest in the real estate located at 5900 Lovell, Fort Worth, Texas, including but not limited to the note payable dated December 20, 1993, in the amount of $160,000.00 payable to [appellant] to the parties from GCG, all furniture, fixtures, machinery, equipment, inventory, cash, receivables, accounts, goods, and supplies; all personal property used in connection with the operation of the business; and all rights and privileges, past, present, or future, arising out of or in connection with the operation of GCG Partners.” The trial court’s order purported to award appellee not only appellant’s community property partnership interest in GCG Partners but also an interest in specific partnership property. The trial court also ordered appellant to vacate the building at 5900 Lovell on or before Jan. 9, 2004. The limited partnership agreement of GCG Partners provides that “[a]ll property owned by the [p]artnership . . . shall be deemed to be owned by the [p]artnership as an entity; and no [p]artner, individually, shall have ownership of such property.” The Texas Revised Limited Partnership Act (TRLPA) provides that a partner has no interest in specific limited partnership property. Under both the limited partnership agreement and TRLPA, the community interest in GCG Partners was personal property. A trial court may not award specific partnership assets to a nonpartner spouse. Only a partner’s partnership interest the right to receive a share of the profits and surpluses from the partnership is subject to division in a divorce proceeding. The trial court abused its discretion by awarding GCG’s partnership property to appellee. OPINION:Cayce, C.J.; Cayce, C.J., Holman and Gardner, JJ.

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