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KURTZ v. JACKSON

No. 92-00784-CV.

859 S.W.2d 609 (1993)

William KURTZ, Appellant, v. Linda K. (Kurtz) JACKSON, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied August 31, 1993.

Attorney(s) appearing for the Case

Gerald P. DeNisco, Eva Martinez-Guzman, Houston, for appellant.

Robert M. Welch, Jr., Stewart Gagnon, Terriann Trostle, Houston, for appellee.

Before O'CONNOR, COHEN and PRICE, JJ.

OPINION

O'CONNOR, Justice.

We are asked to decide if the term "cohabitation" in a marital settlement agreement includes remarriage. The trial court found it did not and denied William Kurtz payment of his homestead lien. We find it did, and reverse.

William Kurtz and Linda Jackson were divorced on September 16, 1983. As part of their divorce, they executed a marital property and settlement agreement. By the agreement, Jackson received the homestead...

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