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McDOUGALL v. HAVLEN

No. 04-97-00413-CV.

980 S.W.2d 767 (1998)

Vivian L. McDOUGALL (fka Havlen), Appellant, v. Harold HAVLEN, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled October 27, 1998.

Attorney(s) appearing for the Case

Gary A. Beahm, Gary A. Beahm, P.C., San Antonio, for Appellant.

James N. Higdon, Higdon, Hardy & Zuflacht, L.L.P., for Appellee.

Before RICKHOFF, DUNCAN and ANGELINI, JJ.

OPINION

RICKHOFF, Justice.

This case requires us to decide whether the Texas policy treating undivided community property assets as tenancies in common is sufficient to satisfy the requirements of the federal Uniformed Services Former Spouses Protection Act ("USFSPA"). Because we find that Texas law does "treat" a military pension for purposes of USFSPA, we reverse and remand.

Harold Havlen ("Havlen") joined the Air Force in 1952; he and Vivian McDougal...

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