Jacobs v. Jacobs, 687 S.W.2d 731 (Tex. 1985). · Go Syfert
Jacobs v. Jacobs, 687 S.W.2d 731 (Tex. 1985). Cases Citing This Book View Copy Cite
462 citation events (368 in the last 25 years) across 5 distinct courts.
Strongest positive: Bryan Miller// Claudia Miller v. Claudia Miller// Cross-Appellee, Bryan Miller (texapp, 2025-08-27) · Strongest negative: Abrams v. Abrams (texapp, 1986-06-26)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited "but see" Abrams v. Abrams
Tex. App. · 1986 · signal: but see · confidence high
Murff v. Murff, 615 S.W.2d 696 (Tex.1981); Austin v. Austin, 619 S.W.2d 290 (Tex.Civ.App.—Austin 1981, no writ); but see Jacobs v. Jacobs, 669 S.W.2d 759 (Tex.App.—Houston [14th Dist.] 1984), aff'd in part, rev’d in part, and remanded on other grounds, 687 S.W.2d 731 (Tex.1985).
discussed Cited as authority (verbatim quote) Bryan Miller// Claudia Miller v. Claudia Miller// Cross-Appellee, Bryan Miller
Tex. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
it is, however, probably impossible to excise the reimbursement claims from the community division . . . .
discussed Cited as authority (verbatim quote) In the Matter of the Marriage of Kelly Hettinger and Andrew Hettinger and in the Interest of H.C.H., K.C.H., and M.G.H., Children v. the State of Texas (2×) also: Cited as authority (rule)
Tex. App. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
e must remand the entire community estate for a new division.
discussed Cited as authority (verbatim quote) Prabhakar Gopalan v. Andrea Marsh
Tex. App. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
once reversible error affecting the 'just and right' division of the community estate is found, the court of appeals must remand the entire community estate for a new division.
discussed Cited as authority (verbatim quote) Janelle Nicole Landry v. Theodore Stanley Landry
Tex. App. · 2024 · quote attribution · 1 verbatim quote · confidence high
once reversible error affecting the 'just and right' division of the community estate is found, the court of appeals must remand the entire community estate for a new division.
discussed Cited as authority (verbatim quote) Veena Sharma v. Guatam Jani
Tex. App. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
nce reversible error affecting the 'just and right' division of the community estate is found, the court of appeals must remand the entire community estate for a new division.
discussed Cited as authority (verbatim quote) Suhey L. Attaguile v. Angelo F. Attaguile
Tex. App. · 2018 · signal: see also · quote attribution · 1 verbatim quote · confidence high
once reversible error affecting the 'just and right' division of the community estate is found, the court of appeals must remand the entire community estate for a new division.
discussed Cited as authority (verbatim quote) Lisa Kramer, F/K/A Lisa Kastleman v. Bryan Kastleman
Tex. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
court of appeals must remand the entire community estate for a new division when it finds reversible error which materially affects the trial court's 'just and right' division of the property.
discussed Cited as authority (verbatim quote) Thurman H. West v. Gwendolyn Meshalle West (2×) also: Cited as authority (rule)
Tex. App. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
the trial court has wide discretion in dividing the 'estate of the parties,' but must confine itself to the community property; the only property subject to division.
examined Cited as authority (verbatim quote) Edward Francis Zarnesky, Jr. v. Kathryn Christine Zarnesky
Tex. App. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
we hold that a court of appeals must remand the entire community estate for a new division when it finds reversible error which materially affects the trial court's 'just and right' division of the property.
examined Cited as authority (verbatim quote) Edward Francis Zarnesky, Jr. v. Kathryn Christine Zarnesky
Tex. App. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
we hold that a court of appeals must remand the entire community estate for a new division when it finds reversible error which materially affects the trial court's 'just and right' division of the property.
discussed Cited as authority (verbatim quote) Larry Rollins v. Countrywide Home Loans, Inc. (2×) also: Cited as authority (rule)
Tex. App. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
once reversible error affecting the 'just and right' division of the community estate is found, the court of appeals must remand the entire community estate for a new division
discussed Cited as authority (verbatim quote) in the Matter of the Marriage of Kevin W. Kluth and Donna D. Kluth (2×) also: Cited as authority (rule)
Tex. App. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
once reversible error affecting the 'just and right' division of the community estate is found, the court of appeals must remand the entire community estate for a new division
discussed Cited as authority (quoted) Donald Edmund Dyer v. Estela Trevino Dyer
Tex. App. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
a court of appeals must remand the entire community estate for a new division when it finds reversible error which materially affects the trial court's 'just and right' division of the 19 property
discussed Cited as authority (quoted) Jose Romulo Lopez v. Anita Michelle Lopez (2×) also: Cited as authority (rule)
Tex. App. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
the trial court has wide discretion in dividing the 'estate of the parties,' but must confine itself to the community property.
discussed Cited as authority (rule) Maribel Hill v. Dwight L. Hill
Tex. App. · 2025 · confidence medium
If “reversible error affecting the `just and right’ division of the community estate is found, the court of appeals must remand the case for a new division.” Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985).
cited Cited as authority (rule) In the Matter of the Marriage of Frances Gillian Thatcher and Nicolas Lee Thatcher v. the State of Texas
Tex. App. · 2025 · confidence medium
Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985).
cited Cited as authority (rule) Thomas Luke Ponzio v. Alexis Ponzio
Tex. App. · 2025 · confidence medium
App. P. 44.1(b); Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985).
discussed Cited as authority (rule) Joseph Bryant Vick v. LaDonna Denise Vick
Tex. App. · 2024 · confidence medium
And “[o]nce reversible error affecting the ‘just and right’ division of the community estate is found, [we] must remand the entire community estate for a new division.” Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985) (explaining that court of appeals cannot modify property division piecemeal).
cited Cited as authority (rule) Christopher Guy Lyster
Bankr. N.D. Tex. · 2024 · confidence medium
Code Ann. § 7.001 ; Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985). 58 See Tex. Fam.
cited Cited as authority (rule) In the Matter of the Marriage of Edward Lawrence Cassel and Sharon Ann Cassel v. the State of Texas
Tex. App. · 2024 · confidence medium
Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985).
cited Cited as authority (rule) In the Matter of the Marriage of Maria E. Renteria and Rodrigo L. Renteria and in the Interest of N. M. R. & P. S. R., Children v. the State of Texas
Tex. App. · 2024 · confidence medium
Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985); In re Marriage of Morris, 123 S.W.3d 864, 868 (Tex. App.—Texarkana 2003, no pet.).
discussed Cited as authority (rule) Tommy Dale Day v. Melissa Kay Day
Tex. App. · 2024 · confidence medium
However, if “reversible error affecting the ‘just and right’ division of the community estate is found,” we “must remand the entire community estate for a new division.” Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985); Garcia v. Garcia, No. 04-19-00796-CV, 2021 WL 2556622 , at *2 (Tex. App.—San Antonio June 23, 2021, no pet.) (mem. op.).
examined Cited as authority (rule) Michael Lawrence Shalit v. Robin Lynn Shalit (3×) also: Cited "see"
Tex. App. · 2024 · confidence medium
“The trial court has wide discretion in dividing the ‘estate of the parties,’ but must confine itself to the community property[.]” Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985).
discussed Cited as authority (rule) Roy Gentry Clarke v. Rexann Passmore Clarke
Tex. App. · 2024 · confidence medium
Although we reverse two of the five distinct categories for fraud against the community, we cannot simply reform the divorce decree and remove those amounts from the judgment. “[O]nce reversible error affecting the ‘just and right’ division of the community estate is found, the court of appeals must remand the entire community estate for a new division” Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985).
cited Cited as authority (rule) Bobby Joe Hall v. Kristin Kistner Hall
Tex. App. · 2023 · confidence medium
Sheshtawy v. Sheshtawy, 150 S.W.3d 772, 780 (Tex. App.—San Antonio 2004, pet. denied) (quoting Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985)).
discussed Cited as authority (rule) Bart Debrock v. Marlies Debrock (2×) also: Cited "see"
Tex. App. · 2022 · confidence medium
Delancey v. Delancey, No. 03- 10-00240-CV, 2011 WL 677401 , at *7 (Tex. App.—Austin Feb. 24, 2011, no pet.) (mem. op.) (citing Jacobs v. Jacobs, 687 S.W.2d 731, 732-33 (Tex. 1985)).
cited Cited as authority (rule) Daniel Gregory MacLellan v. Marcia MacLellan
Tex. App. · 2022 · confidence medium
Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985); Hamilton v. Hamilton, No. 02-19-00211-CV, 2020 WL 6498528 , at *6 (Tex. App.—Fort Worth Nov. 5, 2020, no pet.) (mem. op.).
cited Cited as authority (rule) in the Interest of C.R.C. and C.J.C., Children
Tex. App. · 2022 · confidence medium
Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985); Boyd, 131 S.W.3d at 610.
cited Cited as authority (rule) Jaqueline Glennis Garcia Sanchez v. John Michael Wales
Tex. App. · 2022 · confidence medium
Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985).
cited Cited as authority (rule) Andrew Morris v. Carrie Cecelia Veilleux
Tex. App. · 2021 · confidence medium
Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985); Raymond, 190 S.W.3d at 82 .
discussed Cited as authority (rule) Lorianne Jenae Wolf v. John Robert Nygard
Tex. App. · 2021 · confidence medium
Although Wolf asks this Court to render judgment that Nygard take nothing by his reimbursement claim, “once reversible error affecting the ‘just and right’ division of the community estate is found, the court of appeals must remand the entire community estate for a new division.” Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985).1 Even where a reimbursement claim can be identified in the trial court’s property division, we cannot simply modify the decree by striking the reimbursement award, “because to do so would be to make a new division of the estate of the parties, a matter wit…
discussed Cited as authority (rule) Jane G. Garcia v. Daniel Muniz Garcia
Tex. App. · 2021 · confidence medium
“Once reversible error affecting the ‘just and right’ division of the community estate is found, the court of appeals must remand the entire community estate for a new division.” Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985); accord Scott v. Scott, No. 04- 17-00155-CV, 2018 WL 2694817 , at *3 (Tex. App.—San Antonio June 6, 2018, no pet.) (mem. op.); Slicker v. Slicker, 464 S.W.3d 850, 858 (Tex. App.—Dallas 2015, no pet.).
discussed Cited as authority (rule) J.M. v. C.M.
Tex. App. · 2021 · confidence medium
As to severability, “[o]nce reversible error affecting the ‘just and right’ division of the community estate is found, the court of appeals must remand the entire community estate for a new division.” Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985); see Cutler v. Cutler, No. 04-15-00693-CV, 2016 WL 4444418 , at *4 (Tex. App.— San Antonio Aug. 24, 2016, no pet.) (mem. op.) (holding that when the trial court’s error materially affected its division of the community estate, the court of appeals had to reverse the equitable reimbursement award and remand the entire community 29 estat…
cited Cited as authority (rule) S.L. v. S.L.
Tex. App. · 2020 · confidence medium
Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985); Todd, 173 S.W.3d at 129 .
cited Cited as authority (rule) Silvia Rubi Diaz Maldonado v. Gregorio Medrano
Tex. App. · 2019 · confidence medium
Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985).
cited Cited as authority (rule) in the Matter of the Marriage of Susan Kay Hardin and John B. Hardin III
Tex. App. · 2019 · confidence medium
Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985).
cited Cited as authority (rule) Ronald v. Mathis v. Karen E. Mathis
Tex. App. · 2018 · confidence medium
Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985).
discussed Cited as authority (rule) Sandra Pena v. Reynol Pena
Tex. App. · 2018 · confidence medium
Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985). 3 Under the abuse of discretion standard, legal and factual sufficiency of the evidence are not independent grounds for asserting error; however, they are relevant factors in assessing whether the trial court abused its discretion.
discussed Cited as authority (rule) in the Matter of the Marriage of Herman Tyeskie and Inger Tyeskie
Tex. App. · 2018 · confidence medium
Box 2012 Marshall, Texas 75671 [email protected] Ph. 903-935-5550 Fax 866-823-7185 LIST OF AUTHORITY Page Case Law Beaumont Bank, N.A. v. Buller, 806 S.W.2d 223, 226 (Tex.1991) …………..… .9 Boyd v. Boyd, 131 S.W.3d 605, 610 (Tex.App.-Fort Worth 2004, no pet.) ……...6,7 Dale v. Finance America Corp., 929 S.W.2d 495, 497 (Tex.App.—Fort Worth 1996, ………………………………………..........................9 Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241-42 (Tex.1985), ....7 Endicott-Johnson Corporation v. Encyclopedia Press, 266 U.S. 285, 288-290 , 45 S.…
cited Cited as authority (rule) in the Matter of the Marriage of Herman Tyeskie and Inger Tyeskie
Tex. App. · 2018 · confidence medium
Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex.1985); Boyd, 131 S.W.3d at 610 .
cited Cited as authority (rule) Niranjan Gadekar v. Smita Zankar
Tex. App. · 2018 · confidence medium
Sheshtawy v. Sheshtawy, 150 S.W.3d 772, 780 (Tex. App.—San Antonio 2004, pet. denied) (quoting Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985)).
cited Cited as authority (rule) Noel Cotton v. Elizabeth Cotton
Tex. App. · 2017 · confidence medium
Sheshtawy v. Sheshtawy, 150 S.W.3d 772, 780 (Tex. App.—San Antonio 2004, pet. denied) (quoting Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985)).
cited Cited as authority (rule) in the Matter of the Marriage of Stephanie Gwinn Armstrong and Ronald Dean Armstrong
Tex. App. · 2017 · confidence medium
Sheshtawy v. Sheshtawy, 150 S.W.3d 772, 780 (Tex. App.—San Antonio 2004, pet. denied) (quoting Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985)).
discussed Cited as authority (rule) In re the Marriage of Stegall (2×) also: Cited "see"
Tex. App. · 2017 · confidence medium
Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985).
discussed Cited as authority (rule) Leslie Otis Rolls, Jr. v. Susan D. Rolls
Tex. App. · 2016 · confidence medium
Co. v. Benton, 728 S.W.2d 35, 37 (Tex. 1987))). 7 the division of community property.15 I agree, however, that we must reverse and render a take- nothing judgment as to Susan’s claim for attorney’s fees. __________________________________________ Bob Pemberton, Justice Before Justices Puryear, Pemberton, and Bourland Filed: January 14, 2016 15 See Jacobs v. Jacobs, 687 S.W.2d 731, 732 (Tex. 1985); Geisler v. Geisler, No. 03-08-00734-CV, 2010 WL 2330362 , at *4 (Tex. App.—Austin June 10, 2010, no pet.) (mem. op.). 8
cited Cited as authority (rule) Norman Clarence Tolpo v. Mary Craver Denny
Tex. App. · 2015 · confidence medium
Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985).
cited Cited as authority (rule) Frederick Dawson Graham v. Dena Marie Turner
Tex. App. · 2015 · confidence medium
Sheshtawy v. Sheshtawy, 150 S.W.3d 772, 780 (Tex. App.—San Antonio 2004, pet. denied) (quoting Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985)).
discussed Cited as authority (rule) in the Matter of the Marriage of Amanda Bradshaw and Barney Bradshaw (2×)
Tex. Crim. App. · 2015 · confidence medium
LEXIS 8859, no pet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985) . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Kirtley v. Kirtley, 417 S.W.2d 847, 853 (Tex.App. - Texarkana 1967, writ dism’d) . .8 McKinley v. McKinley, 496 S.W.2d 540, 543 (Tex. 1973) . . . . . . . . . . . . . . . . . . . . . .7 Moroch v. Collins, 174 S.W.3d 849, 857 (Tex.App. - Dallas 2005, pet. denied) . . . . .9 Murff v. Murff, 615 S.W.2d 696, 699 (Tex. 1981) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Stavinhoa v. Stavi…
discussed Cited as authority (rule) Jose Romulo Lopez v. Anita Michelle Lopez (2×)
Tex. App. · 2015 · confidence medium
App.-Texarkana 1968, no pet.) ........................................................................................................... 10 Jacobs v. Jacobs, 687 S.W.2d 731, 732 (Tex.1985) ............................................... 15 In re CH, 89 S.W.3d 17, 26 (Tex.2002) .................................................................. 6 In re J.F.
Roy Livingston JACOBS, Jr., Petitioner,
v.
Ellen English JACOBS, Respondent
C-2977.
Texas Supreme Court.
Apr 3, 1985.
687 S.W.2d 731
Crady & Peden, Douglas S. Johnston, Houston, for petitioner., Burta Rhoads Raborn and Martha Bourne, Houston, for respondent.
Ray.
Cited by 369 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #41,783 of 633,719
Citer courts: Court of Appeals of Texas (2)
RAY, Justice.

This is a divorce case in which only the property division is challenged on appeal. The court of appeals, after finding that the trial court had erred in determining what was properly a part of the community estate, reversed and rendered judgment as to part of the property division; reversed and remanded as to another part; and affirmed the trial court’s judgment as to the remainder. 669 S.W.2d 759. We reverse that part of the court of appeals judgment which limits the remand to specific properties, substitute therefor a remand of the entire community estate for a new division and affirm the remainder of[*732] the judgment. We hold that a court of appeals must remand the entire community estate for a new division when it finds reversible error which materially affects the trial court’s “just and right” division of the property.

The trial court found the value of the community estate to be between $1,300,000 and $1,500,000. About one-half of this value was attributable to reimbursement claims. The trial court found the community estate entitled to reimbursement for the time, toil and effort expended by husband on behalf of his separate property corporation, for certain community expenditures which benefited husband’s separate estate and for certain income earned by husband, but diverted from the community estate to third parties.

Husband appealed the property division contending that the trial court had erred in awarding reimbursement to the community estate, had mischaracterized certain property and had erred in awarding wife her attorney’s fees upon appeal. The court of appeals held that the trial court had erred in the following respects: (1) by awarding reimbursement to the community estate for the time, toil and effort of husband on behalf of his separate property corporation, (2) by awarding reimbursement to the community estate for income allegedly due husband, but diverted by him to third parties, (3) by characterizing as wholly community property certain properties in which husband had a separate property interest, (4) by characterizing as wife’s separate property certain properties belonging to the community estate, and (5) by awarding wife her attorney’s fees on appeal regardless of outcome.

Regarding the two reimbursement claims enumerated above, the court of appeals rendered judgment holding there was no evidence to support the first claim and no pleadings to support the second. The court of appeals also rendered judgment vacating wife’s claim for attorney’s fees on appeal. Regarding the mischaracterized property, the court of appeals remanded that part of the cause that affected the properties for a new division. The remainder of the property division was affirmed.

Both parties have filed applications for writ of error alleging conflicts jurisdiction. Tex.Rev.Civ.Stat.Ann. art. 1728, subd. 2 (Vernon Supp.1985). Only husband’s allegation of conflict with Faulkner v. Faulkner, 582 S.W.2d 639 (Tex.Civ.App.—Dallas 1979, no writ) is sufficient to invoke our jurisdiction over this case of divorce. We have dismissed wife’s application for want of jurisdiction. See Oil Field Haulers Ass’n v. Railroad Comm’n, 381 S.W.2d 183 (Tex.1964).

Under a single point of error, husband argues that the court of appeals has erred in failing to remand the entire property division to the trial court for a new division. Husband contends that the court of appeals’ piecemeal editing of the property division made by the trial court is contrary to McKnight v. McKnight, 543 S.W.2d 863 (Tex.1976). We agree.

In McKnight, the appellate court found the trial court had abused its discretion in how it divided the community estate and rendered a new division of the property. In reversing this judgment and remanding to the trial court, we held that an appellate court could not substitute its discretion for that of the trial court because a “just and right” division of the community estate was a matter lying solely within the discretion of the trial court. McKnight v. McKnight, 543 S.W.2d at 867.

In the present case, the court of appeals modified the trial court’s property division by rendering judgment on the two reimbursement claims while limiting its remand to specific properties found to have been mischaracterized. McKnight, however, dictates a remand to the trial court of the entire community property division for a new division. Although the court of appeals appears to recognize in its opinion that the reimbursement claims materially influenced the property division, the court simply attempts by some unarticulated method to expunge the value of such claims from the community property division. The result, if it could be achieved,[*733] would be to alter the trial court’s plan for a “just and right” division of the community estate.

It is, however, probably impossible to excise the reimbursement claims from the community property division, absent a remand of the community property division, because such claims are not represented in the divorce decree by any specific, identifiable award of money, nor are they traceable to any specific properties. Even if the reimbursement claims could be identified in the trial court’s property division, the court of appeals could not simply modify the decree by striking the reimbursement awards “because to do so would be to make a new division of the estate of the parties, a matter within the discretion of the trial court.” Faulkner v. Faulkner, 582 S.W.2d 639, 642 (Tex.Civ.App.—Dallas 1979, no writ).

The Texas Family Code requires the trial court to “order a division of the estate of the parties in a manner that the court deems just and right, having due regard of the rights of each party_” Tex.Fam. Code Ann. § 3.63 (Vemon Supp.1985). The trial court has wide discretion in dividing the “estate of the parties,” but must confine itself to the community property; the only property subject to division under section 3.63. Eggemeyer v. Eggemeyer, 554 S.W.2d 137, 139 (Tex.1977). Whether the trial court abuses its discretion in dividing the property, as in McKnight, or commits reversible error in defining what property is properly a part of the community estate and therefore subject to division, as in the present case, the principle to be applied is the same. Once reversible error affecting the “just and right” division of the community estate is found, the court of appeals must remand the entire community estate for a new division.

That part of the court of appeals judgment limiting remand to specific properties is reversed and the cause is remanded to the trial court for a new division of the community estate. In all other respects, the judgment of the court of appeals is affirmed.