Case Alert: Stroik v. Stroik (Court of Appeals of Texas, Fort Worth, Nos. 02-24-00322-CV & 02-24-00472-CV, May 15, 2025)
By May 23, 2025 Posted in Industry News Tagged in Divorce Share
Stroik v. Stroik (Court of Appeals of Texas, Fort Worth, Nos. 02-24-00322-CV & 02-24-00472-CV, May 15, 2025)
In Stroik v. Stroik, David and Natalie Stroik’s divorce decree awarded Natalie the marital residence “subject to” provisions requiring appraisal and refinancing to pay David half the equity. When Natalie couldn’t refinance and listed the home for sale, David sought court intervention, arguing the award was conditional and the residence remained undivided. After multiple lawsuits, including enforcement actions, a receivership, and appeals, the trial court agreed with David, redividing the residence’s sales proceeds disproportionately in his favor. Natalie appealed, claiming this modified the original decree.
The Fort Worth Court of Appeals reversed, holding that the decree’s “subject to” language did not make the residence award conditional. The court found the decree unambiguously awarded Natalie the residence immediately as her sole property, with refinancing and equity payment as separate obligations, not conditions precedent. The court emphasized the decree’s clear language, present-tense award, and lack of explicit conditional terms (unlike other decree sections using “condition precedent”). Thus, redividing the residence was an impermissible modification of the final decree under Texas Family Code § 9.007(a).
The court reversed the trial court’s Residence Judgment, rendered a take-nothing judgment on David’s redivision claim, and dismissed his turnover-related appeal as moot. The ruling underscores the importance of precise language in divorce decrees and the finality of property divisions.