¶1ON MOTION FOR REHEARING
¶2Both parties have filed motions for rehearing. The motion of appellee, John J. Watts, is overruled without opinion. The appellant’s motion for rehearing is also overruled, with these additional comments.
¶3Appellant has filed her request of this court for findings of fact. This being a case in which the Supreme Court does not have jurisdiction of an application for writ of error, the rules do not require findings of fact by the Court of Civil Appeals (Rule 453, Texas Rules of Civil Procedure), and we decline to do so, for it would be of no benefit to appellant in the further prosecution of her case.
¶4In her motion for rehearing, appellant expresses concern that there is an implied finding by the trial court that the property here involved is not community property. We see no such implication. The appellee pleaded that all the property was his by virtue of the parol antenuptial agreement. He alleged, in the alternative, that if the court does not uphold the agreement, then certain of the property is not community property. In upholding the agreement, the court never reached the alternative plea. The issues as to which property might be community and which might be separate were never reached, for the court said, in effect, it matters not what the nature of the property may be, for under the agreement all of it goes to the husband. This agreement we have found to be void, so that the parties now stand before the court for a new trial as to what their property consists of, its nature, and a division of it. Appel*34lant urges there are certain undisputed facts about some items of property which this court should determine. We think that justice would be better served if we did not attempt this piece-meal determination, but left the parties in what may be described as the normal situation for a determination of their property rights, now that the court is free of the antenuptial agreement issue.