There is a Marital Property Legislative Gap That Needs Some Sealant
'Moody v. Moody raises a number of interesting issues, but most importantly, it reminds us that standing is the foundation of a justiciable claim. The case also reminds us that the Texas Family Code may have some gaps that could use a bit of filling,' say attorneys Elisa Reiter and Daniel Pollack.
March 15, 2022 at 07:44 PM
9 minute read
Family LawPipes can spring leaks even if they overlap. If a coupler joint fails, a bit of sealant can fix the leak. So too with legislative gaps, especially when they impact jurisdiction and standing, and sublime distinctions between the Texas Family Code and the Texas Estates Code. These issues were presented in Moody v. Moody. The case also involves a disagreement between certain members of the decedent's first and second families, notwithstanding the fact that William Lewis Moody, IV had been married to his second wife for 50 years.
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