Going through a separation that is resulting in us getting a divorce. Married less than two years and no kids. Live in Texas with community property laws. House and vehicles I bought before marriage. 401k was mostly before before marriage but was contributing during the marriage.
Because you have a signficant amount of separate property, it would be a good idea to get an attorney to protect your rights. In Texas, all property is presumed to be community property during a divorce, unless that property was obtained by gift, devise or descent and unless it was obtained before the marriage. You would need to produce paperwork showing when you bought your house and cars. You would also need to show when your 401K started and how much it increased in valude during the marriage. Your spouse would be entitled to half of the growth during the marriage, but sometimes, there is no growth or it's so mimimal that the other spouse decides not to go through the trouble and expense of getting their share. Again, the best way to protect your rights is to get an attorney to represent you.
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The Overstreet Law Firm
2100 N. Main, Suite 228
Fort Worth, TX 76164
Phone: 817-810-9747
Email: rdolaw@gmail.com
https://www.theoverstreetlawfirm.com/
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