Eustace, TX Divorce Law Firms & Lawyers

That is a complicated question.  The State of Texas operates under a community property presumption, which means that anything purchased during the marriage is presumed to be community property unless proven otherwise by a party.  It wouldn't matter whether your husband put the property only in his name or in both of your names because the fact that it was purchased during marriage would imply that it is community property.  If your husband has separate assets and purchases the home with those separate assets and he can prove those facts, then it would be beneficial for you to have the home in your name as well for a variety of reasons that are too numerous to list here.  The Court will divide all community property equitably, which may mean half and half, or it may mean something different.  The first question will be whether the home is community property, then, if it is community, the Court will determine how to equitably divide the house and all the other assets.

It is likely that the court will subtract the loan and divide the value of the 401(k) minus the loan.  It is wise to double check any statement of the value of your 401(k) to determine whether it is stating the value as if the loan has been repaid or the lower value of the value of the holdings of the account minus the debt owed.  

You asked:  How do i get my name off of a mortgage loan.Additional Details:when the ex and i filed for divorce, i gave her the house along with the mortgage loan. the judge stated she was responsible for the loan and she filed a quick claim deed, however chase manhatten does not recognize this and refuses to take my name off of the mortgage. now i cant qualify for a loan because my name is already on her loan. how do i get my name off the loan I am a Michigan attorney, and would recommend that you talk to a local attorney; however, I believe I can give you some guidance.  A Judgment of Divorce cannot change the contract you have with the mortgage lender.  Even though the Judgment of Divorce may award the house to your ex-wife along with the debt obligation, If she fails to pay the mortgage, you could be sued, but you would have the right to seek reimbursement from your ex-wife.  I usually include in the Judgments I prepare a provision that the person receiving the house gets the debt, and must refinance the debt into his/her name within 90 days.  Once she refinances, then you would not longer be obligated on the debt.  You should check your Judgment of Divorce to see if that provision is included.  If so, and if your ex-wife refuses to refinance, then you may have to file a motion seeking help from the Court. Stu Shafer