In divorce proceedings, property acquired before marriage is typically considered separate property, while property acquired during marriage is marital property. However, when property is transferred between parties during a marriage, courts must carefully examine the circumstances, including whether the transfer was made while one party was still legally married to someone else, as this can affect the characterization of the property. The burden of proof often falls on the party claiming separate property ownership to demonstrate clear and convincing evidence of their ownership interest.
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So, we are set here today on final trial regarding um it's a divorce. The only issues that are between the parties is the marital residence and some pieces of property that are located in Texas and Oklahoma and the characterization of those pieces of property. Is that correct?
>> That's correct.
>> All right.
>> Would you please state your name for the record?
>> Frank.
>> And how old are you?
>> Uh 84. Okay. And where do you currently live?
>> I live in Grand Island.
>> Okay. And have you lived in the state of Texas for at least six months?
>> Almost.
>> Have you lived in the county of Dallas for at least 90 days?
>> Yes.
>> Has your marriage to Miss Moreno become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marriage relationship?
>> Can you say that again?
>> Can you repeat your answer?
Is there any chance that you and Miss Moreno will reconcile?
>> You and Miss Marino do not have any children together, correct?
>> Yes, correct.
>> No children were adopted during the marriage.
>> And as far as you know, she's not currently pregnant, >> right?
>> And you're asking this court to divide your property and debts. Is that correct?
>> Yes. Um, and so you and Moreno were married on or about March 13th of 2008.
Is that correct?
>> Yeah.
>> And when did you separate?
>> In late 2004.
>> And although you weren't married until 2008, um, you and Miss Maringo started a relationship much earlier than that. Is that correct?
>> Yeah. Really? When did you first meet Miss Moreno?
>> Probably in 1991 >> and when did you start a relationship with her?
Uh, probably >> probably what?
Probably what?
>> And at the time that you began your relationship with Miss Moreno, you were married to someone else. Is that correct?
>> That's correct.
>> And you had children with your first wife. Is that correct?
>> That's correct. Um, and so essentially you and Miss Mareno began an extrammarital affair.
>> Yes.
>> Okay. Did she know you were married?
>> Yes.
>> How did you guys meet?
>> Uh, work.
>> So you work together?
>> Yes.
>> And at some point you left your wife for Miss Moreno. Is that correct?
>> That's correct.
>> Um, when did you officially move in together with Miss Moreno?
Uh Molly and I do.
>> Okay. And when you moved in together, where did you live?
>> We're living in Baltimore.
>> And so at that point, did you file for divorce from your first wife?
>> Uh it took me a while after we got together because I couldn't locate my first wife. She went to Mexico.
And uh meanwhile I had a lawyer working with me and never could get a hold of her. So probably a while later that's when the judge gave me the divorce without even consent because we couldn't do their homework.
>> Okay. And so during this time did you continue your relationship with Miss Moreno?
Uh, at some point during your relationship, did you and Miss Moreno move to Oklahoma?
>> Yes.
>> Okay. When did you move to Oklahoma?
>> Uh, probably the early 2000 2000 early 2009.
>> Okay. And when you first met Miss Moreno, um, did she have children?
>> Yes.
>> And how old were her children at the time?
>> One of my daughters, so one, I'm saying she was about 3 years old or and the other one must have been about just in about 13.
>> Okay.
And why did you decide to move to Oklahoma?
Well, uh she had some relative in Oklahoma uh that uh she near and some property property came up for sale over there and she's trying to move over there.
>> Okay.
>> I don't know because of a family problem just to deal with.
>> Okay. And at that time, what was your relationship with your wife and your other children?
>> I didn't have no contact after I left. I didn't have contact with none of them, the wife or the kids.
>> Okay. And when you moved to Oklahoma with Miss Moreno, did her two children join you?
>> Yeah.
>> Okay. And when you two move to Oklahoma, did you have a job in Oklahoma?
>> Uh, no. I didn't have a job there.
Thinking that while we were working there or other things so thinking I was going to get a job.
>> Did she have a job in Oklahoma?
>> Yeah.
>> Okay. And so how were you supporting yourselves?
>> I was still having some money and I also had to come back to Dallas and uh work again because dealings up there didn't work out. So I have to come back to the office for work.
>> Okay. So your testimony is that you were commuting back and forth.
>> Yes. For about nine months.
>> And >> and also bringing the kids back to school back to Dallas.
>> So you brought the kids to school in Dallas from Oklahoma?
>> Yes.
>> Every day.
>> Every day.
>> How long was the commute?
>> I'm saying about eight or nine months.
>> How long? Oh, that's about May.
>> And why were the kids still in Dallas schools if you lived in Oklahoma?
>> Well, the oldest girl uh didn't like the school area. So, as I was working, well, she she came back to school here. Eventually, you know, we came back.
>> And during the time that you were working here in Dallas, did Miss Moreno have a job?
>> No.
And were you the primarily primary financial supporter during that time?
>> Yes.
>> And what kinds of expenses were you paying at that time?
>> Well, we were working on the house after uh finishing up the house that we started building.
>> Okay. And I'm going to stop you right there so that the judge is clear. Did you at some point buy property in Oklahoma?
>> Yes.
>> Okay. What property did you buy? the first one of the uh uh the 10 acres in Ma >> on Boomer Road.
>> Yes, Bloomer Road.
>> One second. One second. Council, the property that he is describing just so I can follow with your exhibits. Is it exhibit one or is it exhibit two?
>> It is exhibit two. Y >> two. Okay, I have it. Thank you.
>> So, it was about 10 acres of land, correct?
>> Was it?
>> It was about 10 acres of land.
>> Yes.
>> Okay. And how was it purchased?
>> On a bond.
>> Okay. And who was on the loan?
>> Myself.
>> Okay. And who was on the deed?
at one time you said.
>> Okay. And did you make any improvements on this 10 acres of land >> on the land?
>> Yes.
>> Yes. We uh made a house there.
We built a house there.
>> Okay. Did you build one house or more than one?
U at the end it was 200 but first it was one.
>> Okay. And so when you built the houses did you have to hire anybody to build those houses?
>> We hired somebody a contractor to do the exterior part of it but me and her did all the interior shop when I made she rocking painting >> and what money was used to make those improvements?
Well, through uh you know working and stuff bringing in money up.
>> And how would you describe the way the two of you handled the finances during your relationship?
>> Well, we both were kind of >> and what was your understanding of the ownership of the property? Well, all through the relationship, you know, we don't know if we were a husband and wives if we would have a good future for the guy.
>> And in terms of the 10 acres um and the two houses that were on there, does Miss Marino continue to have that property?
>> No, she sold those properties by both houses after they were built and finished.
>> When were those sold?
>> When?
>> Yes.
310.
>> Was there any other property that the two of you acquired in Oklahoma?
>> Yes, there were two more properties.
>> Okay. Can you tell the court what other two properties >> there? One uh one building from nature that we did there.
invest into a restaurant with it.
>> And what else?
>> Yes.
>> What else did you buy?
>> And the farm in the Mar 60 acres of land.
>> Okay. And so you talked about purchasing a building. How was it purchased?
>> Through we bought it through the loan from the banks.
>> Okay. And how were those property or how was that property idled within both of your names? Just hers just yours and what was your understanding of the ownership of those prop or that property?
>> There again, you know, wife property that we had for the future, you know.
>> And were you in fact listed as husband and wife on those?
>> Okay. And you said that you bought a building. Um, can you tell the court what the purpose of the building was?
>> Uh, we bought this, uh, building downtown. It was a old building, but it was there. And, uh, she was thinking of taking that building to a restaurant.
>> And did you in fact uh, open a restaurant there?
>> I got it all at the end. Yes.
>> Okay. And so, what did you have to do to that property to get it ready to be a restaurant? Well, we had to uh take over all the inside to kind of remodel everything inside the doses for the customers to sit home and uh bought the utilities for the cooking and the food and uh also we bought a a ser sub serve.
>> Okay. And was both yours and Miss Moreno's money used to open this restaurant?
>> Was both your money and her money?
>> And did you have to make significant improvements to that building?
>> Yes, we did.
>> Um, and so you eventually opened a restaurant.
>> Mhm.
>> And what was your role in the restaurant?
>> Well, I was kind of banging the top of it. I was let send people down and uh you know the customers that came in and stuff.
>> What did she do there?
>> What did Miss Mareno do then?
>> She was cur and the helper. She was the one that's preparing the food.
>> Did you guys have any other employees?
>> No, at the time.
>> And how long was the restaurant open?
I'm saying about eight months.
>> And what happened with the restaurant?
>> Well, we started off real good. The first few months it was real good. Bring any money and then it just started going down and down and down to where we had to.
>> And for that specific property, did both you and Miss Moreno made payments?
and wait for me to finish my question because she's typing everything and we can't talk over each other.
>> Um, and so what's the status of that property now?
>> What's it what now?
>> The status of that property.
>> I I don't know the building downtown. I don't know if she sold it or still there or not. I mean, it still I don't know if it's still her.
And then you testified that there was 60 acres in Oklahoma purchase.
>> Okay. Was this on or about 1995?
>> Yes.
>> Okay. And so what was your understanding of the purchase of that? Who who has ownership of it?
>> Well, we uh had an ownership of it and the husband and wife for the future.
Maybe they were going to build a house there or you know be cattle whatever that intentions.
>> Okay. And for the 60 acres were there any improvements made?
>> There were a lot of improvements there.
Uh when we first started doing work there she and I did about 12 acres of steel fence.
And that took us a long time to do just the two of us building that thing up 12 acres.
>> What other improvements?
>> And then after that uh a lot of work to be done in the farm was cutting trees down. 12 acres had to be uh maintained as far as cutting the grass, you know, and stuff. uh or cutting trees down or stuff, you know, a lot of a lot of trees out of trees.
>> Did you put any containers or storage in that property?
>> Yes. And then we had the at first we bought a a cabana portable stay there and we bought a uh a storage shed uh for tools and whatever.
And uh also uh at the time that that restaurant was closing down, there was a lot of stuff to put up. You know, we didn't have enough storage space ready to do it all.
So we bought a a big container to put a lot of restaurant stuff that when it was closed down, put it back in the container.
>> And did you end up having to buy like a fancy lawn mower? also we bought nine more paid like $7,000 $8,000 for the whole thing at $79.
>> Okay. And did you just recently finished paying that off?
>> I just recently made the last payments.
I got the thing in the mail that were paid off.
>> Okay. And in terms of the 60 acres, um do you have access to that?
>> 11 months.
>> When did you stop getting access to it?
when uh when she said they were they don't need a new house.
>> Okay. And do you believe that the improvements that you made to these properties increased the value?
>> Oh, >> and I want to talk to you about the Carolton residence. Um did you and Miss Moreno acquire a house in Carolton?
>> Yes. And did you acquire it?
Approximately 1998.
>> And how did you acquire that?
>> Through a real estate company and >> payment on it. Yeah.
>> Did your earnings contribute to the purchase of that property?
>> Yes.
And when the house was purchased, did you and Miss Moreno move into that house? Yes.
>> Who else lived with you?
>> About two daughters or seven daughters.
>> And those were her children.
>> And Miss Moreno was the only one listed in the D for Carolton. Is that correct?
>> Why?
I think uh she was doing all this for she's been doing it forever but she was thinking that if I passed away that my children from the first wife we're going to have an interest on the property and you know >> okay because at this point you're still married to your first wife.
>> Yes.
>> What what was your understanding of the ownership of the Carolton property?
It was a husband and wife a home to live in, you know.
>> Did you make mortgage payments to that property?
>> Yeah.
>> And at some point you were listed in the homeowners policy. Is that correct?
>> Correct.
>> And you were also listed as an owner in the mortgage interest statements. Is that correct?
And in fact, you and Miss Moreno took out two home equity loans using the Carolton property as collateral. Is that correct?
>> Yeah.
>> In fact, those are exhibits five and six. Is that correct?
>> Yep.
>> And one of the loans was taken out in 2017 for under close to 40,000. What was that used for?
>> They were used to pay off the real estate housing.
>> Okay. And then the one that was taken out in 2020 for $50,000. What was that used for?
>> That was just to increase the property. So, okay.
>> And then at some point you were able to locate your your first wife, correct?
Right. And >> she was in Mexico.
And so you were eventually able to divorce her. Is that correct?
>> Correct.
>> During the divorce proceedings, did any of the titles to the Oklahoma properties change?
>> Oh, just the manager of the property taking care of it, maintain it.
But what I'm specifically asking you, was your name ever removed?
>> Yes, there was so.
>> Okay. Was there concern by you and Miss Moreno that your first wife would have a claim to those properties?
>> And were you trying to give up your ownership interest in those properties at the time?
Were you were by by getting off the deeds, were you saying I no longer want to be owner of this?
>> And when you were removed, did you stop contributing financially?
>> Well, let me ask you a different making payments.
>> And did you continue paying some of those expenses?
>> Yes. What were you paying for?
>> Did you believe that those properties still belong to both of you?
>> Yes.
>> Now, in 2017, um, you were diagnosed with cancer. Is that correct? Which >> what what type of cancer?
>> It was a prostate cancer.
And when you were first diagnosed, were there concerns regarding your ability to beat cancer?
>> Yeah, there was a concern. I had I suffered a lot of seizures for a lot of issues with that.
>> And so what impact did the cancer diagnosis have on on your life?
specific.
>> What impact did the cancer diagnosis have on your life in general?
>> My dad really got a my health, my uh uh everybody in my body started kind of deteriorating, you know. I was suffering pretty bad from it. Uh I got real sick from it.
>> Were you in significant pain?
>> Did >> a lot of pain. Did your relationship with Miss Moreno change at that point?
>> Uh, yes it did.
>> How >> we uh decided not to come together anymore together anymore.
We kind of separated beds and stuff. So it changed.
>> Okay. And at the time that you got your cancer diagnosis, did you still will?
>> I will not.
Were there concerns regarding potentially you passing away and your kids coming to claim property?
>> Yes.
>> Okay. Can you tell the court about those concerns?
>> Well, uh there was just uh we're thinking that maybe someday I passed away uh my kids from Mont would come and want to take her. So, >> okay. And during that time in 2017, were there any changes made to the titles to the property?
>> Uh, nothing about >> Okay. Um, do you believe there were transfers made without your knowledge?
>> Transfers made?
>> Yes. Oh, >> were any of the properties that you two acquired sold during that period?
>> Do you know why?
>> Did any of the properties that you and Miss Mareno had in 2017, were they any of those sold?
>> Yeah, there was one.
Hey, >> did you receive a share of those proceeds?
>> No. include she sold him for $90,000.
>> And are you aware that Miss Moreno claims that you refused her during your marriage?
uh do know about the stuff that's been going up through these days, but I never did touch or not have touched and I do not have touch maybe some other type of physical if there wasn't physical there's no >> well and so the reason you became aware of this is because it's in proceedings for divorce. Correct.
>> Yes.
>> And you never physically abused her?
>> Okay.
>> Um, and so would you say that she mentally abused you?
>> Pardon me.
>> Do you feel that she mentally abused you?
>> Well, the those times that I started getting sick and then you know uh she didn't like she was started to cut me off, you know.
And did she allow you to have a relationship with your family?
>> No.
>> How so?
>> Well, one my son's uh wanted to come on one time. She said that she didn't want me in my in the house.
If I needed to see him, I needed to meet with him somewhere else.
>> Would she allow anyone from your family to visit?
>> One of the kids, but one time she did.
>> Okay. And so at some point she kicked you out of the Carolton residence.
Correct.
>> That's correct.
>> Where did you go live after she kicked you out?
>> Well, I kind of struggled for a while.
I'm still struggling with a prostate problem. And uh at first I rented a little motel, but that was getting pretty expensive.
And then there was towns that I was staying in the car for a while.
>> Okay. So you really didn't have a place to go to?
>> No.
>> Okay. And so she remained in the Carolton house, correct?
>> Yes.
>> Did she allow you to come back to the house? Uh at one time I tried to come back to get some belongings and uh she said uh pretty much stuck to me so I never come back.
>> And are you currently on a fixed income?
>> Yes.
>> Okay. What is that?
>> Social Security.
>> And how much do you get for social security per month?
>> Okay.
>> When did you start receiving social security?
When did you start receiving social security?
>> Uh probably right of 62 65.
>> And then in terms of your personal property, was there anything that you left behind in the Carolton residence or the Oklahoma properties that you would like back?
>> Uh yes. you know, I got the container and you know, I really can't have any place to order it. But, you know, she paid for the gun and I paid for that. I think I paid like 15 or 20,000 for the storage.
Uh, and there the lawn mower that I finished paying off. Uh, and there's a generator.
>> There's a what? There's a what?
>> Electric generator.
>> And today, what do you believe the Carolton residence is worth?
>> The Carolton uh there's only one item there. Matter of fact, I asked her to give me some items there. She would have, but there is one item there that is a whole uh record.
It's a antique record. And your exhibit one is a print out from the appraisal district that says that the Carolton residence is worth approximately uh $323,000.
Okay. And how much do you believe the Oklahoma properties are worth? What's the value?
Did Miss Moreno ever reimburse you for any financial contributions you made any of these properties?
>> Excuse me.
>> Council, you have one minute left.
>> Did Miss Moreno ever reimburse you?
>> No.
>> And what are you asking the court to do today?
>> U just in half, right?
And did you spend years helping acquire, improve, and pay for these properties?
>> Yes.
>> I'll pass the witness.
>> All right. Attorney Madazi.
>> Your honor, I'm going to uh uh reserve my time for my own case of the chief.
>> Sure.
>> Appreciate it.
>> No problem. Council, do you have any other witnesses?
>> I do not.
>> Okay. Sir, you may return to your seat.
>> You're welcome.
It's okay. It's okay. I can hear you.
>> Um, council, you may call your first witness.
>> Oh, this is >> Okay. She can testify from there.
>> Yes.
>> Will you state your name for the record, please?
>> Rosario.
>> My name is Rosario Moreno.
And Miss Miranda, we heard testimony from um your husband that there were there was a property in Carolton and properties in Oklahoma. Is that correct?
>> Correct.
>> And all these properties were purchased at least 10 years before you married. Is that correct?
Yes. Okay.
>> So, let's start with the Carolton property. The Carolton property was purchased um and I have exhibit two. There's a warranty deed in 1998. Is that correct?
>> Correct.
>> And your name is on this warranty deed on exhibit two.
>> That is correct. And when you purchased this property, Mr. Sanchez was married to another woman.
Correct.
>> Correct.
>> Correct.
>> In fact, in his divorce decree on exhibit 5, it states that he was finally divorced in November of 2005.
Correct.
>> Correct.
>> And the two of you married three years later in 2008.
Is that correct?
>> Correct.
>> So, in other words, on not on the Carolton property, on Carolton property, you have it free and clear on the but on the Oklahoma properties where it says husband and wife 1995, that cannot be true, right?
>> Objectively, you're >> sustained only. Okay.
Please instruct witness to answer a question or not this one but in the future answer question. Okay. So in 1995 or 1990 when those properties were purchased in Oklahoma were you and Mr. Sanchez married?
>> No.
>> Was he married to somebody else?
>> Correct.
>> And is it true that he's going to get a divorce until 2005?
Correct.
>> Were you surprised to see that the two of you are listed as married on the dean in Oklahoma?
>> Yes, it did surprise me.
>> So, what was the purpose of taking him with you to Oklahoma to purchase this property?
>> As an interpreter.
So if he used him as an interpreter, were you shocked to see that he listed his name on the property and as husband and wife?
>> I didn't I that surprised me. So you you could not could you speak English at that time?
>> No.
>> Are you able to speak English now?
>> Very little.
>> Okay. So when did you realize as to what Mr. Sanchez had done by adding himself as your husband on the Oklahoma properties?
I found out when the papers arrived afterward, like after a month or 30 days.
>> Okay. So, when you found out, were you upset to see him listed as your husband on that property on the Oklahoma properties?
>> See?
>> Yes.
>> So, then what did you do about it?
I confronted him >> and he told me to finish paying it off and then it would get changed.
>> Okay.
>> Because he's married. He was married >> to someone else, right?
>> To someone else.
>> So, did you ask him to undo it and to change it?
Yes.
>> So if we look at exhibit Laura exhibit 11 which is the equip claim transfer.
So did you transfer it in 2003 to yourself and your daughter?
>> Yes. Correct.
>> And in 2003 he was still married to someone else. Correct.
>> A son.
>> He was married.
>> Okay. and the two of you were not married yet.
So >> now >> on exhibit 11, the property, the three property, three Oklahoma properties are listed and it's a quick claim deed from him and you to you and your daughter. Is that right?
>> Correct.
>> How did you pay for these properties in Oklahoma?
The property was bought owner to owner and it was paid. There were receipts.
Sometimes I would pay cash. Sometimes I would buy a money orders. Sometimes I would buy checks from the bank of of Maria.
>> But how did you come up with this money?
That money I got it. It wasn't just mine. It was my daughter's father's her father died >> in November of 81 or December. I don't really remember but it was in 81. So exhibit three under guardianship and life insurance are you the funds you just discussed and just testify to are they related to this exhibit the life insurance of Brenda's father?
>> Yes. Correct.
>> And it was approximately $22,000 that was invested at the time of it was a child. Correct. Correct.
Now, in regard to um in regard to Carolton, how did you pay for Carolton?
Washington >> financing through a bank. At that time it was Washington.
>> Then it became Chase >> and I kept paying through them.
>> Did you pay a down payment? If so, where did that come from?
Part of it was still from those savings that I had. I never misused those funds >> and you heard testimony from Mr. Sanchez that he contributed to the Carolton property um by making or contributing funds. Is that true? Is there any truth?
>> No.
>> No, they're all lies.
>> So, he never helped you pay make the payments for property?
>> Never.
Not even the water bill, the light bill, or gas bill.
>> Everything's under my name.
>> Is it Is it true that the two of you took out a loan using the Carolton property?
>> See?
>> Yes.
>> Why did the two of you take out a loan on the Carolton property?
Fore speech.
because I didn't want to refinance. It was coming up time to refinance and I asked if we could take money out on a loan and then that was being paid off and then when the property was sold I paid off the loan and that paid off the property in Carolton. It was never with his money. I have proof.
Okay. Now, in regards to the properties in Oklahoma, he testified that he contributed by uh by building a house, by helping to build a house. Is there any truth to that?
>> There's things that were built. Yes.
>> But the the property, the land where the house was built, that was sold. Is that correct?
Correct.
>> So the other two pieces of property in Oklahoma, did he make any contributions to that?
>> Never. No.
>> As far as the other two properties, is one of them a building? Is that correct?
>> Commercial building.
>> Okay.
And the other one is a 60 acres.
Correct.
>> Correct.
>> Okay. Is it true that you ran a restaurant in that building?
>> Correct.
>> But not anymore.
>> No.
>> What did he help you with the restaurant when it was open?
>> Economically money? No.
to clean on weekends because that's when he was there. He always worked here.
>> Okay. Now, um, as far as what is what is what is left, uh, in terms of the properties in Oklahoma, um, it was transferred to you and Brenda in 2003 according to this quick claim D.
And has it ever been changed or modified since 2003 when it was put claimed to you and your daughter from Mr. Sanchez?
>> No, because he was married to someone else. I had to do that.
Okay.
>> But was it just because he was married to someone else or was it also because you were not husband and wives?
>> Sustain only.
>> Okay.
Was that the only reason or was there another?
>> No.
>> No. Because he was married to someone else. So, >> and And so it was never changed subsequent to 2003.
>> No.
>> When you married him in 2008, is there a reason why this wasn't changed?
No, because he was married and I couldn't. He confused privileges with rights.
>> Okay. So, please understand my question.
After you and Mr. Sanchez got married, was there any discussion about changing the clonal property to his name?
>> No. Why?
after that it it wasn't an option. He didn't put anything towards it. So why would I change it?
>> What about the property Carolton? When the two of you got married in 2008, was there any discussion to add his name to the Carolton property?
>> Not.
>> No.
>> Neither because No.
>> Why? Why wasn't his name added to the Carolton property after you guys got married in 2008?
>> This What is that?
After we got married in 2008, we would always have arguments about money. He didn't want to take responsibility and help out with the accounts. We would always fight about money.
Did he did he ever ask you to add his name to either the Carolton property or the Oklahoma properties?
>> No.
>> He knew. No, he never asked me.
Is it if if you look at our requested leave uh Moreno, we're asking the court to characterize all these properties as separate. Is that what you're asking the court?
>> I am asking for justice.
>> Right. But that's the right question.
You're asking the court to characterize properties as separate because they're purchased prior to your marriage.
>> Yes.
>> And are there besides the Carolton property that's and the Oklahoma properties, are there any properties that need to be discussed for division purposes?
None.
>> What about your vehicles?
>> Nothing.
>> I don't have one.
>> Okay. Um and what about the the belongings of the furniture in the house? Those are all yours.
>> It's all mine.
>> Sorry. I want to add something.
He doesn't have things. The thing he would always ask before was his bed.
>> I said, "Take it." I never told him no.
He was lying when he said I told him no.
>> Because he left. He didn't let me know ahead of time and tell me I'm going to leave.
>> Why did he leave?
>> He never told me. He never told me he was going to leave or why >> you you made allegations of abuse towards Mr. Sanchez. Can you tell the court when the instance of abuse happened?
toward.
>> Yes.
emotional abuse, economical abuse, all kinds.
>> What about is there any physical abuse?
>> Just pushing. But to me, that's physical.
>> And how often would that happen?
when it was time to make a payment money because he didn't want to pay for what? For example, water does >> for example the accounts it's not easy to manage a house there's the bills for the water light gas >> so you're you're testifying they've never contributed to the expenses sometimes when he wanted, how he wanted, and the amount he wanted.
>> So, did you depend on him to pay for any of these properties or maintain them?
>> Not at all.
>> Charm.
>> Okay. Um, attorney Madazi, you have 9 minutes and 44 seconds. Attorney Flores, you have 40 seconds.
>> Your honor with the court permission.
Sanchez.
>> Um, well, let me see if she wants >> She still has time.
>> Overlook your 40 seconds.
>> 40 seconds matter.
>> Yes.
>> And when you lived in Oklahoma, did you work? Correct.
>> I worked in my restaurant in my business. for like nine months. Correct.
>> It was a year and a half. And during that time, Mr. La was working and providing for you, correct? For you and your children.
I'm going to say something. It might be out of line here. I'm going to object to non responses.
>> Can we hear the response before we can roll on it? I I don't know Spanish.
>> Okay. Yes. The inter >> I will say something. It might be out of place. What came first were his payments. He always wanted to have a new car. Unresponsive >> sustain.
>> And then this settlement that you got for your daughter was 1981. Correct.
>> Correct. That was more than 10 years before you brought some properties in Oklahoma. Correct.
Correct. And it wasn't that much. Would you agree with that?
>> At that time, it was a good amount of money.
>> Well, you had to pay for funeral costs and other things with that with that money, didn't you?
>> The funeral was $3,000. How it is now?
At that time, it was 3,000. Well, ma'am, with documents that you submitted into evidence show that the funeral costs were closer to $6,000.
>> So, what does mean the receipt?
>> It's 3,000. I have the receipt.
>> And in terms of the other properties, why did you refuse to turn over the original deeds to all the properties that are being asked about today?
I did I did not refuse. They are books that I cannot carry. They are from another state. They are two books them.
call them. They are two books. They're about this thick.
>> Okay, that was your last question, council. You're welcome. Attorney Madaras, you may call your next witness.
>> Officer Sanchez.
>> Okay.
>> You want him on the stand?
>> Yes.
>> And how much time, Judge?
>> 9 minutes and 44 seconds.
May I call you, Mr. Sanchez?
>> Yes, you can.
>> Okay, Mr. Sanchez, you and my clients got married in 2008.
Is that correct?
>> Okay. So, all those properties were purchased in the 90s. Is that correct?
>> Yes.
>> Okay. And they were purchased in the 90s when you were still married up until 2005. Is that correct?
>> Correct. So in 2008 when you married my clients, why didn't you add your name to these properties if you feel so strongly that you bought them with her?
>> Well, there was a relationship that we had. It was a husband and wife.
I'm sorry. I said it was because of the relationship or what happened in mine, you know.
>> But you knew your name was not on the Carolton property. You knew your name was not on the Oklahoma property because you signed a quick claim deed and gave it back to her. So when you married her, why didn't you add your name to these properties?
Uh that never did occur to me that I needed to do that since it was a husband and wife and it was a it was a joint loan or whatever, you know, that's why.
>> But the truth is you weren't husband and wife cuz you didn't get divorced until 2005. Isn't that correct?
>> That was a real uh common law husband and wife.
>> Well, again, you couldn't be common law if you got divorced in 2005, right? I have your divorce decree on the on the screen. You got divorced in 2005, >> but we were we were together for about eight, six, seven years.
>> That's true. But you were still married.
Is that correct?
>> Uh, I was still I wasn't married. I was living with her.
>> I'm sorry.
>> I said you said I was married.
>> You were married. I was already separated. I was living with her law.
>> But you didn't get your divorce decree signed till 2005. Isn't that true?
>> What? your divorce decree wasn't that signed in 2005 because you know I got a 30 we went to Mexico and I couldn't get a hold of her just went on and on for years before I finally sh finally we just they got to work without an attorney because they couldn't get a hold of her >> wait in your divorce decree on the screen it says that your wife appeared and appeared for her attorney so she couldn't be in Mexico and she could not have been defaulted >> I don't know where she was anytime that I My lawyer called me to the court. She never show up.
>> Well, it says she appeared in person on the divorce decree. It says she appeared with her attorney.
>> She not appear after the after the divorce. Yes.
>> No. No.
>> Not not what not by the judge that uh is there any servants that uh you need to sh support for? Are there any properties that you have? So, yeah, there's properties and I gave her the house and everything.
>> Well, Mr. Yes, >> with all due respect, that's your divorce decree on the screen. And it looks like she signed off on the divorce decree. So, she must have appeared if she signed off on it. Not only did she sign off on it, it says on the decree that she appeared with her attorney.
>> She was not there that day.
>> Okay.
>> We can always go back and talk to the judge about the divorce. She wasn't there. And the lawyer that I had heard a lot about that, too. No, she wasn't there. She might have been there after.
>> Your honor, I'd like to ask for the judicial notice of the divorce decree that was entered in Dallas County and the content of the divorce decree where it says that she was she was she was present at the trial with her attorney.
>> The court takes judicial notice of the contents of the courts filed specifically the divorce decree from 2005.
>> Thank you. Now, Mr. Sanchez, you claimed that um you you claimed that you contributed to these properties. What evidence have you brought here today that shows that you contributed?
>> Well, there were still >> Do you have any you have any tangible evidence? You have any evidence of seek papers?
>> And ask the council permit my client to answer the question before he asks the next question.
>> Sustain one question at a time. Council, >> let me ask my question. S, did you bring us any evidence in the form of tangible evidence papers to show what you've contributed to the properties in Oklahoma or the properties in Carolton?
Yeah, I don't have no proof of what's there, but the the the items or the the foreign the items where they are pass.
>> Okay. Um she's out of time. You have any other witnesses?
>> I think your honor, I call uh her daughter, Miss.
>> Okay, sir. Mr. Sanchez, you can return to your seat. You're welcome.
Yes, ma'am. You just have a seat in that chair and you um just pull the microphone close to your mouth. Yes, ma'am.
>> And you may proceed.
>> Thank you, judge. We see your name for the record, please.
>> Garza.
>> Miss Garza.
I apologize. Was she sworn in? Was it?
>> Yes, that's when the rule went was invoked.
>> I'm sorry.
>> No problem.
>> Um, Miss Okay. Miss Garza, how are you related to the lady sitting to my right?
>> I'm her oldest daughter.
>> Okay. And Miss Garza, are you aware of the properties in Oklahoma?
>> Yes, sir.
>> Okay. And are you aware that there was a quick claim deed where the properties were transferred from Mr. Sanchez to you and your mother?
>> Yes, sir.
>> Okay. And are you So, at the time, were you aware of what happened? Clearly, you signed off on it, right?
>> Yes, I did. And I was shocked.
>> Okay. So, so, so explain to me why y'all had to do the quick claim deed and what year was that?
>> Um, 2003.
>> Okay. So, in 2003 when he was still married to his wife and your mom wasn't married, correct?
>> Correct.
>> Okay. So, at 200 2005 he got divorced.
2008 she married him. So, in 2003, why did y'all have to do the transfer?
Um, I think my mom was just looking over her records and noticed that his name was on some of the properties or a property and when she discovered that um I know that came out and they discussed over that and it was a big ordeal and apparently my mom had told her look we're going to go and get this changed because this is witness.
>> Sure.
the conversation that you're specifically discussing, were you present for that discussion?
>> I was still living at home. So, yes, but they got started earlier.
>> What I'm specifically asking >> that conversation that you're testifying about, were you there for that conversation?
>> Uh, no. That was between them.
>> I'm going to object to hearsay or >> sustain.
>> Okay. So, um, you are aware that you appeared to sign off on the on the on this transfer. Is that correct?
>> Yes, sir.
>> And what your mom told you as far as signing off on this was what you already she's a party to the case. I can It's not It can't be here. She party case, right?
>> Well, I'm actually >> sustain. Okay. Um, >> so what did your mom tell? I'll I'll change it. I'll rephrase. What did your mom tell you? Why would you do this quick thing?
>> She had told me that she saw that u Mr. Lada's information was on on her property information and she was upset about it. So she wanted to take a legal action and get that switched.
>> Pass it to Char.
>> Okay. She's out of time. You have any other questions?
>> No, you're not.
>> Okay. Ma'am, you may be excused. Thank you. Council, you have any other witnesses?
>> No, you're not. I think we're done.
>> Okay.
When your client said that she wants the properties to be characterized as separate property, does she mean her separate property?
>> Right.
>> Although they were purchased before marriage.
Well, separate is her marriage.
>> Separate property before marriage for who?
>> It's under her name. She bought She bought She purchased this property before she married him while he was married to somebody else.
>> I guess that's the part where the court is confused. How did she purchase them?
Are are you saying by that quick claim deed? Well, the Carolton property, your honor, we have the warranty.
That's exhibit uh two that she purchased on her own.
>> Well, the Carolton home was purchased in 1998 before marriage, right?
>> Correct.
>> And then the deed, >> right? But they purchased the house and >> she purchased herself by herself.
The de is exhibit two. It's exhibit two on our list of exhibits. Her name is listed on it. Not his name.
It says grant Maria Rosario.
Which exhibit do you have that talks about the Carolton home?
>> I think it's five and six. They your honor, they took out a two loans using that Carolton residence as equity for those two loans.
>> Let me go back to exhibit two. Hold on one second.
The deed of trust, exhibit five.
Um, making sure I'm looking at the right one.
>> And by two, you I'm talking about our exhibits, too.
>> Yes, I have yours.
>> I was comparing it to their exhibit five.
>> Well, not not a warranty.
>> Okay, that's where it got >> a phone on the app. That's all. There's no warranty either. Ours is it is it is it is basically showing she purchased the house in 1996 >> and she paid the house off to keep from refinancing.
>> Exactly. So she took out the loan loan so she could pay it off without without refinancing it.
>> But your honor, the loan was in both of their names, not just her name.
>> Right. But a loan itself wouldn't change the character of um property.
Um okay, that's that one.
>> Oklahoma.
>> So let's let's break down Oklahoma because it's three different things going on in like So the 10 acres that was purchased in 1995.
That the 10 acres was purchased in 1995.
>> Yes. If I may, the challenge is, your honor, that what we know about these properties is very limited. And the reason it's limited is because they're purchased so many years ago. They were br like in 1990. So, we couldn't get those documents. So, the earliest document that we have is this quick claim deed from 19 uh from I'm sorry, not the quick claim, but the 1995 mortgage, >> a real estate mortgage that was taken on the on the on the Oklahoma property, >> right? With in both their names.
>> It's on both their names. And this was in 1995. Okay. But we don't have the earlier documents any earlier than that.
we wouldn't necessarily need it because that wouldn't how would that be her separate property.
>> Well, it's your separate property, honor, if I may, because um in in exhibit 11, there's a quick claim deed, >> but a quick a quick claim deed doesn't transfer title.
>> Well, it did here. It did have paid off paid off. that quick plan transfer the the rights and the property to her back to her and her sis and her daughter.
>> And if I may, I think those documents do exist, which is never got him. She testified she has two big books with all this information. We serve discovery.
They didn't get this.
>> I guess I'm still confused because title it's the title of property does not transfer by quick claim D.
>> Well, the quick claim D here does transfer all the rights. completed. It's transferring everything in for those three properties and it lists those three properties. It says surface and surface rights.
It's transferring everything over to her. And this was in n 2003 before they were married while he was married to somebody else. So that's why it's separated >> while he was going through a divorce.
And it was I think sketchy on both of their parts to do it. Um, >> agreed it it was >> I mean it even if he signed off on it, she knew he was married. He knew he was married. So, it is sketchy on both of their ends. I agree with that.
>> Genuous to say that she had no idea that he was on these deeds when they literally signed on the same page right underneath each other.
>> Right. But she didn't know any she we know she is on English. that we had to hire an interpreter and at that time she so her position is that he was interpreting for me and I didn't know what he was saying and that he she later found out that he listed his name as husband. She was upset that he did that and so she asked him to change it in 2003.
>> Yeah. The court is not buying that part.
I'm not buying that part. Um the home improvements are the improvements there.
>> No, because that part of land was sold.
Well, not there currently. Were there improvements made on that property?
>> Yes, two houses built on that property.
>> And that's what he said. Let me see.
Home built on the property. Well, he said improvements on the home. I'm specifically talking about improvements on the home.
So they they hired people to do the framing on the outside, but I think they both >> built the inside of the building.
>> Okay.
>> That's what he thinks. But she claims that he never he never contributed.
The building that was purchased in the '9s as well before marriage purchased in both their names.
The 60 acres purchased in the '9s before marriage and purchased husband and wife in their in both their I mean not husband and wife at that time but in both their names.
>> Yes.
She says, "No, you want to listen.
>> Which document should I be looking at for that?" Because the one I saw had both their names on it.
>> So, if you look at One If you look at um if you look at base label 3 Morin 317 which is under exhibit one there's a warranty deed that only that was where it's listed in 2003 that only goes for her that was purchased from Camila Jones somebody else.
>> You said exhibit Oh, hold on. Exhibit one.
>> Yeah, exhibit one is six pages.
>> Yeah, page labeled Morin 317.
>> Yeah, there we go. Right there. I have it on the screen.
>> Okay. I was going to say I don't see that attached to exhibit one.
>> No, it is. It's It's part of exhibit one and it's sable 317. And on there, she purchased it in 2003 without him without him his name listed. person from a Camila Jones and that's the 60 acres >> but I think the 60 acres was bought in the 90s not >> yeah it was what I saw it said it was purchased in the 90s >> so what's this >> one of the other one >> title be changed >> no no no I'm looking specifically for the 60 acres that was purchased in the '9s not any improvements to it, the 60 acres itself.
>> The problem is Josh that we don't have we can't associate 60 acres to any of these legal descriptions. We don't know which one it is. That's the challenge.
So this surface and this surface rights, we don't know if that's the 60 acres.
>> We're not sure if that's how do we know you know how many acres this is? Is it 60?
>> I need something a property description that says that. I just can't take their word on that.
>> All I have is copies of these. I don't have any actual deeds provided.
>> This is the only deed that we have.
>> And the quick claim deed. Those are the only two de this deed and so in a quick claim be judge. This is listed too.
Believe it or not, in the quick claim on their exhibit, this is listed.
Block four, block six. That's the 10 acres.
What's what's on the screen? Lot four, block six of Marietta. That's the 10 acres >> you're talking about on this screen, judge.
>> Yes.
>> On So on this screen, judge, the three acres that are in controversy are listed. Okay.
>> Okay.
>> And so the lot for block 26, I don't know how many acres it is, but the second one, that's the warranty deed that I just showed you on our exhibit.
Remember I said the base label three whatever it was 34 that's the second one is is in the warranty what where is under her name only I heard testimony I can't remember if it was from her or him but the lot four there was testimony that the lot four block 26 was purchased in 1995 and it was 10 acres.
>> I don't think that's a problem. They don't He just answered her and said, "I don't know which one is 10 or 60 acres and she claims 62 acres is 1990.
Yeah, she came from 1990. But the challenge is is it last four block 26 or is it the second one? We're not sure.
the alleged 60 acres. Is it still in existence?
>> Is there anything on it?
>> Just land.
>> Is this land?
>> Storage.
>> And my understanding is that there's a fence that they I think he testified about that the fence and there was a container storage.
>> Is there anything else on the property?
Anything else on the property? 60 acres.
>> He testified that he wants everything to be split down the middle. So, are are you all asking for the sale?
>> Yes. Unless you willing to buy him out.
He said the Oklahoma properties value about $1 million, but I need the values on each one of the properties.
>> We don't have that, judge.
>> You don't know what it is. You don't even know how big they are. Well, I think one person can get that information >> because that I mean I'm tasked with doing that with property. I have to have values in order to >> we don't even know what size they are.
That's challen we don't know we can't associate size which you know each each property >> nobody spoke to a a surveyor or anybody in Oklahoma.
>> My client had to go to Oklahoma to get all the things that we entered as exhibits. Uh, but I don't believe that he obtained any information from a surveyor of the value of the property or that nature.
>> I I need some values.
I I need some values.
Um, yeah, I need values.
And I had a market analysis that he objected to it. So I just left website that we can't try to trust that.
>> Well, I need some values before I can give you all a ruling. I have to have values.
So, the only thing I can do today is um announce on the record that they're divorced, but the ruling itself will be pending under advisement until I get some values as it relates to these properties, >> including Carolton or just Oklahoma.
>> Well, just the Oklahoma properties. the Carolton property is she proved by clear and convincing evidence so far that that is separate property her separate property.
>> Um but the rest of them I need some values on them.
>> So the quick claim where was transfer to her daughter that's not enough they're separate.
The way that I understand what the quick claim deed is, a quick claim, a quick claim deed does not transfer title.
So, >> I mean, I unless you want to brief that issue for me, okay, >> to let me know.
>> If um there's case law out there that says that a quick claim deed on his face transfers title, then the court will entertain it. But as far as what I know, a quick claim deed does not transfer title.
>> Okay. Your deadline is going to provide you that refri.
>> Let me see. You all are going to need some time because you have to go and get some research from Oklahoma. How much time do you think you would need? I don't I wouldn't know how much time to assign because I don't know what all you would have to do in Oklahoma. The brief issue, that's simple. I could give you a date for the brief.
>> I can give you a date. I appreciate it.
>> Okay. But I was trying to put it in with the >> property values.
>> The challenge of property values. My client is not in the state to go to Oklahoma and and do anything. That's why I'm limited where I can provide you.
>> Ma'am, can you could you drive to Oklahoma? See see what you can find?
And I can have his daughter do the same.
>> Okay, that'll work.
What's today? The 13th.
I'll give you all more than 30 days cuz I don't think this will be something that'll be resolved in 30 days.
What about that'll give you two months um 60 days? July 13th. And how often brief judge on quick clean bey >> you could just do it all at the same time. That'll be easier.
>> Yeah.
So what I'll do is I'll add you all to let's do let's do the 14th. July 14th.
At what time you're on?
>> What time works best? I have a trial in the afternoon.
See, let me see if I can override something.
One second.
And also, I didn't see a property division um spreadsheet in your exhibits. Did anybody provide a property division spreadsheet?
Okay.
>> Yes. Well, Joey, is it one piece of paper?
>> Right.
>> Joey can take it and scan it in >> Can we Can we each email you one, Judge?
>> You can email them to Joey.
>> Joey. Okay. Jo.
>> Yeah. Because if you all are are I need them as exhibits. So they need to be exhibit 14 for on husband's side and then exhibit seven on wife's side.
>> Okay. We'll email them to you.
>> Okay.
>> And list them like that when you listen when you send them to me emails if it gets better.
No, no. Seven. Seven for you.
>> Yeah. Exhibit seven and exhibit 14. So, those are admitted.
I'm resetting you all for >> That's right. You said mine is seven.
>> Yours would be because remember your number four wasn't admitted.
>> Okay.
>> So, you have 1 2 3 5 and six.
>> What is six?
>> Six is >> I don't I don't have one in front of me.
Is it like >> the divorce decree?
>> Oh, the divorce decree. The six is divorce decree.
>> Yes. And then five are the vehicle docks.
>> Oh, I see.
>> One is the Oklahoma properties. Two Carolton property. Three is the guardianship and life insurance.
>> Okay. And four is >> I don't know what four is. She only sends over the ones that are admitted.
>> Okay.
>> Okay. So, six So, seven would be my request. Gotcha. Yes.
>> Okay.
>> So, for July 14th, what time?
>> Let me see which time let me do.
Let's do 230.
Is that feasible for the both of you?
>> Yes. Can we Can we also argue our race?
Are you Well, you all are submitting them.
>> So, can we argue then?
>> I don't need you to argue. Yeah. Yeah, I can read it. Yes. Um, is this going to be in person?
>> Is your calling?
>> Well, if you be here, I guess is the question.
>> Not necessarily because I Well, I don't know because I don't know what documentation you all are going to come up with.
So, >> so I if I have any questions about it, I would prefer them available so I can ask them, but it doesn't have to be in person. You all can do Zoom.
>> I will defer to council because he and the translator on how he wants to us to appear that day.
>> Okay.
>> What do you think?
>> I think I think we should do it in person.
>> Okay. Yeah.
I made a note to begin at 2:30.
Okay.
Is that it for the record?
>> Yes, your honor.
>> Okay. Thank you all.
>> Thank you, judge.
>> You're welcome.
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