Telferner, TX Divorce Law Firms & Lawyers

If the circumstance is exactly as you describe it, then no she is not entitled to a portion of the plan because it was acquired before the marriage and therefore the plan and any increase in value of the plan would be your separate property. I would still bring a copy of the plan to an experience divorce attorney to have it reviewed.

The agreement between two former spouses as to which debts each will pay as part of a community property settlement is applicable to them only. Third parties are not bound by that agreement. The parties to the note are still bound by its terms and are responsible to the bank for payment. The bank can require payment from any of the individuals that signed the note regardless of what the community settlement provides. However, as between you and your ex-husband, you may be able to hold your husband personally responsible for what you are required to pay to the bank along with any damages that are allowed under Louisiana law as a result of his failure to abide by the agreement This response is for general informational purposes only and is not intended to create an attorney-client relationship. For specific advise as to your situation, you should consult an attorney. Further, laws change from time to time and this response takes into account the laws of Louisiana as of the date of this email.

A legal separation has to resolve property issues just like a divorce. Depending upon who owns the house, what disclaimer deeds etc have been signed, will determine who can stay. I would consult an attorney if you want more information.