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Nesmith v. Berger

The refusal to honeymoon does not amount to duress.

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ON MOTION FOR REHEARING

Our opinion and judgment issued on June 29, 2001 are withdrawn, and the following opinion is substituted.

This appeal involves the dissolution of Linda Nesmith’s marriage to Brian Berger, a marriage of less than five years that was filled with financial negotiations and contractual arrangements. The sole dispute regards Nesmith’s interest in the marital residence on Hedge Lane in Austin. To address this issue, the trial court was required to review a premarital “agreement to agree,” a postnuptial agreement, the real estate documents surrounding the purchase of the home as Berger’s separate property, a second deed from Berger conveying the property to both Berger and Nesmith in undivided interests, and an executed “buy-in” agreement with a subsequent addendum attempting to define the parties’ joint ownership interests in the residence following the second deed.

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