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Divorce Lawyers San Antonio

April 28, 2007

Property Settlement: Non-Modifiable

Filed under: Property Settlement — admin @ 7:21 am

Husband’s obligation to pay the outstanding indebtedness on a house owed to bank amounted to a non-modifiable property settlement in lieu of maintenance, and was not periodic maintenance terminable on the wife’s remarriage.  In re Gallentine
 Provisions in a judgment of dissolution which constitute a disposition of property or property settlement are generally not modifiable or revocable as property rights created by such judgment become vested when judgment its final, therefore court lacks general jurisdiction to modify.  In re Hubbard
 Circuit court’s determination to modify the property settlement agreement requiring petitioner to pay the entire sum of the monthly mortgage payments as they came due was in error as a matter of law because the award was a property disposition and non0modifiable under subsection (a) of this sect.  In re Pitts
 Subsection 9a) of this section did not grant the trial court the broad authority upon which it relied to vary the terms of the initial marriage dissolution judgment.  In re Redmer
 Pursuant to section 18 of the former Divorce Act (see now this section), provisions respecting the disposition of the parties’ property incorporated in a divorce decree are not subject to modification, whether labeled a property settlement or an award of alimony in gross payable in installments.  Lamp v. Lamp
 
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