Dividing Assets In A Texas Divorce- Memberships

April 30, 2007

Courts cannot divest a spouse from membership in an organization such as country clubs and other groups and award it to the other spouse.  Cluck v. Cluck, 647 SW2d 338: 

Since the membership stock has a contingent redeemable value of $1,000.00, the trial court could and did take into consideration this as an asset of the community in dividing the community estate of the parties. However, we are of the opinion that the trial court had no authority to divest the appellee of membership in the club. We view the stock certificate as merely an indicia of the right to membership analogous to a membership card in any voluntary association, and personal only to the appellant. Courts have been reluctant to interfere with the internal management of a voluntary association.”

 

However, the courts can value the memberships and reapportion the division of the estate to take the value of memberships into account.


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