San Marcos, TX Divorce Law Firms & Lawyers

Unless you and your spouse executed a premarital agreement stating otherwise, all income earned during the marriage is presumed to be community property in Texas unless you have evidence suggesting that it was a gift, inheritance, or otherwise your separate property. So, yes the funds in your 401k would likely be considered community property subject to division in a divorce.

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.