Mr. Smith is a client who is involved in a bitter divorce in Family Court in Dallas, Texas. Mr. Smith and his soon to be ex-wife had agreed to split community property equally, but here is now an argument over what is considered to be community property. Mrs. Smith had accumulated a substantial amount of jewelry, which she purchased with community money, or was given to her by her spouse over the 20 years of the marriage. She is refusing to split the value of the jewelry because she insists that it is her separate property. Her attorney has requested the court to order that the jewelry in question be deemed to be Mrs. Smith’s separate property and that Mr. Smith is not entitled to half of the value. Mrs. Smith’s attorney has filed a brief with the court, citing cases that he believes supports the position of Mrs. Smith.
Your supervising attorney has asked that you check the citations for the court opinions included in the brief filed by Mrs. Smith’s attorney. Please read the opinions on Westlaw and determine the following: