Legal Question in Family Law in Texas

401k

i have been married for 7.5 years, my husband has a 401k plan and retirement benefits. Am I entitled to any of this? several people have said i had to be married for 10 years. also, since we have been married my husband has bought and put in his name only, our home and some acreage, is this community property?


Asked on 6/24/05, 11:03 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: 401k

I don't know who you are talking to -- but they don't know Texas law.

From the moment you married everything is community property - retirement, assets and debts.

The only thing that is separate property once you marry are gifts and inheritance.

You can read about TX family law on the Houston Bar Association website. They have a free booklet on TX law.

Good luck!

Next time talk to an attorney and not "friends".

The 10 year rule they are referring to might be "spousal support" (aka alimony) but again they have only mentioned part of the law in Texas.

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Answered on 6/25/05, 7:54 pm


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