Bastrop, TX Divorce Law Firms & Lawyers

Your husband is correct. Property you own at the time of divorce is assumed to be community property and is divisible in the divorce.  This is true whether the marriage is six months or 30 years.   A portion of your 401(k) is your separate property to the extent it was earned prior to your marriage. The court cannot take that portion from you or divide it with husband.  It is your burden, however, to prove how much you had in your 401(k) at the time of your marriage.  Request a statement from the month of marriage from the administrator of your 401(k).  The value of the 401(k) at the time of the marriage then is subtracted from the value at (close to) date of divorce.  The result is the community, divisible portion of the 401(k).   So for example, if you had $25,000 in your 401(k) at the time of marriage, and now it is worth $100,000, $75,000 of the account is divisble in the divorce.  So you and your hsuband would be dividing the $75,000.00.  Of course, if Husband has a retirement account then you are entiteld to the community property portion of his retirement account.   

In Texas, all property obtained during the marriage is presumed to be community property. As community property, it is subject to a just and right division. It is likely that a court would award you the camper and boat; however, all the property would be considered and divided in the divorce, including all the property in your wife's possession. Also, after the divorce is filed, you could negotiate the property division without having the court decide. If you can't come to an agreement, the court will make the decisions.