DALLAS — A Texas appellate court has stripped an incarcerated domestic abuser of his claim to the marital home, upholding a trial judge's decision to hand the entire property to his battered wife.
The Texas Fifth Court of Appeals ruled on November 9, 2026, that Francis Lea Romero rightfully secured the marital residence following years of severe cruelty by her husband, Oscar Romero Jr. Oscar Romero Jr. is currently serving a 50-year prison sentence following felony convictions for kidnapping and continuous family violence. He had also faced an active charge for obstruction or retaliation.
He fought the property division from behind bars. The court dismissed his challenge.
Francis Romero initiated divorce proceedings after declaring the marriage had become completely unsustainable. In her petition, she detailed severe marital cruelty, producing documentary evidence of Oscar Romero Jr.'s violent conduct, police records, and a protective order entered against him.
She demanded an unequal share of the community estate. Cruelty, she argued, justified a decisive division of assets in her favor.
The trial court scheduled the final evidentiary hearing for February 3, 2025. Although an earlier reinstatement order specified the date and officials served him with proper legal notice, Oscar Romero Jr. did not appear.
Francis Romero proceeded without him. She presented deeds, protective orders, and sworn testimony directly to the bench. Finding the evidence compelling, the trial judge entered a post-answer default judgment, dissolving the marriage and assigning her the house alongside other assets accumulated during the union.
Six months later, Oscar Romero Jr. pushed back. On July 29, 2025, he filed a restricted appeal, a legal mechanism enabling non-participating litigants to attack default rulings if clear judicial error appears on the face of the record. He claimed the house belonged to him and argued the trial court erred by denying him ownership.
The Dallas-based appellate bench dismantled his claims point by point.
Writing for the panel, the appellate judges stressed that materials Oscar Romero Jr. attempted to submit after the decree carried zero legal weight in determining whether an error existed on the face of the original record. The panel emphasized that Texas Family Code grants trial judges wide leeway to allocate community property in a manner they deem "just and right." A disproportionate property award does not establish grounds for reversal.
A disproportionate award is not a per se ground for setting aside a divorce decree.
Texas Fifth Court of Appeals
| Case Parameter | Legal Detail |
|---|---|
| Petitioner | Francis Lea Romero |
| Respondent | Oscar Romero Jr. |
| Criminal Sentences | 50 years (Kidnapping, Continuous Family Violence) |
| Additional Charges | Obstruction / Retaliation |
| Trial Hearing Date | February 3, 2025 |
| Restricted Appeal Filed | July 29, 2025 |
| Final Appellate Ruling |
The court also addressed Oscar Romero Jr.'s claim that his confinement prevented proper notice. The panel determined his status as an inmate did not prove an absence of formal service, affirming that trial officials had served him appropriately before the February proceeding.
With the appellate mandate issued, the property division remains final, legally terminating Oscar Romero Jr.'s claim to the family real estate.
| Affirmed (November 9, 2026) |