Legal Question in Family Law in Texas

division of assets

My wife of 3 years left me. she came into the marriage with 401 k worth (300k) now its worth 450k she also had a money market account worth (250k) now its worth 350k... am i entitled to the 50% of the post marriage profits.

thank you

pat powers


Asked on 11/02/05, 10:33 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: division of assets

Most assets accumulated during marriage are community property.

You need to know on the date you married, what the value of all assets were.

Then calculate the value today.

The increase is community property.

However, you must consider all debts that occurred during the marriage too.

You each get approx. 1/2 of all the increase in assets and the increase in debts since the date of marriage.

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Answered on 11/03/05, 5:12 pm


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