QUESTION

Is the separate property for my wife or community property?

Asked on Aug 13th, 2014 on Divorce - Texas
More details to this question:
In Texas community property. My wife bought a house we then married and I have made payments on the house and to her for her 401k.
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1 ANSWER

Wills and Estate Planning Attorney serving Sugar Land, TX at Law Offices of Kimberly D. Moss, PLLC
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The house that your wife purchased is her separate property; however, any payments you made toward the mortgage or to the improve the home are subject to a reimbursement claim back to you because you contributed to her separate property by making payments. The 401(k) from her job may be separate or community property depending on when she started her employment. Any contributions to the 401(k) plan prior to your marriage are separate property. Contributions after the marriage are community property, whether she made the contributions or you did. In any case, any income from any source (including retirement account contributions) are community property as of the date of your marriage. I highly recommend scheduling a consultation with a local family law attorney to discuss your rights and options in your case.
Answered on Aug 14th, 2014 at 7:22 PM

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