Texas courts can award unequal marital assets when judges determine the division is fair and justified.
Her husband, serving a 50-year sentence for kidnapping and ongoing domestic violence, appealed the decision. He was sentenced to 50 years in prison.
Francis Lea Romero filed for divorce from Oscar Romero Jr, according to the Texas Fifth Court of Appeals. In the filing, Francis Lea Romero cited cruelty and said the marriage “had become unsustainable. Oscar was convicted of kidnapping and continuous family violence, according to court records.
The marriage that ended in criminal convictions and a long prison term eventually resulted in a bitter fight over the family home. In Texas, a woman who filed for divorce following years of marital cruelty was awarded the couple’s home as part of an uneven division of their marital estate. But now, the Texas Fifth Court of Appeals has upheld the divorce judgment, so the property division will stand. She produced evidence of his violent behavior and the criminal cases that followed during divorce proceedings. He also had an obstruction or retaliation charge pending. The divorce hearing included a protective order issued against Oscar, as well as documents showing who owned the marital home. Francis argued she was entitled to a greater share of the couple’s community property, including the family home, contending that her husband’s cruel treatment warranted a larger allocation of the marital estate.
The case took a significant turn when it was listed for final hearing on February 3, 2025.
Oscar failed to appear in court, although an earlier order bringing back the divorce case had specified the hearing date.