Center Point, TX Divorce Law Firms & Lawyers

During a divorce, there is a rebuttable presumption that all of your marital assets are community property, regardless of which spouse's name is listed on the title.  A party claiming to have a separate property interest in an item of property (for example, because they traded in another vehicle they owned before the marriage or used separate funds which were in a bank of account before the marriage) has the burden of proving their separate property interest by clear and convincing evidence, which often requires undisputed documentary evidence.  This usually isn't a factor in a marriage that has lasted "years."Upon divorce, your community property will be divided by the court in a manner that is "just and right" which does not necessarily mean 50-50.  The evidence you detail in your question will be considered in making a "just and right" division of your marital assets.  In most cases, barring unusual evidence, each spouse is awarded the motor vehicle they usually drive and is responsible for paying any debt owed that is secured by the vehicle.  If there is a significant disparity in value or equity, the court typically adjusts that using other assets.  Awarding a motor vehicle to one spouse while making the other spouse responsible for the debt is a recipe for post-divorce conflict and proceedings.  A competent and experienced attorney will strongly caution you against agreeing to such an arrangement.  A competent and experienced judge typically will not order it.  

In the State of Washington, it is very difficult to reopen a finalized divorce for the purpose of changing the financial terms of the divorce; it typically requires strong evidence of a party's fraudulent material misrepresentations to the court. If the reason that no spousal maintenance was ordered was principally based upon the alleged inability of the husband to pay, and the supposed wage discrepancy was very significant, then it might be possible able to have the court reopen the case, but there are time limits to doing so. You need to discuss your particular situation and facts with an attorney to determine if there is any basis for doing so at this time. A divorce does not need to be reopened if there is a real safety issue regarding the children that might justify modifying the parenting plan, or the child support needs to be modified due to the substantial income discrepancy. There are legal parameters that determine when the court can consider making modifications; again, an attorney would be able to assist you in this matter.

It isn't possible to answer your question without much more information. You need to consult an attorney in the state where you live who can better assess what property should be considered marital property. All marital property is subject to a fair and equitable division.