Legal Question in Family Law in Texas
Divorce Law
My husband and I have been married for 8 1/2 years. He retired from his job three years ago and receives a retirement check every month. My question to you is, am I entitled to receive a portion of this check when we divorce? Also, my husband had a house when we married, which we paid off, then later we took out a home equity loan in both of our names, which we are still paying on every month to a Mortage Company, am I entitled to any proceeds of the home in the event we do divorce?
2 Answers from Attorneys
Re: Divorce Law
As to the retirement, you are entitled a portion of the amount which was earned during the time of the marriage.
As to the house, it will be a little trickier, and may require some negotiation. Originally it was separate property -- then was indebted by and also benefited by the community estate. This is assuming that it hasn't lost it's separate identity completely. If it is established to be separate property still, then the community has some debt to pay to his separate estate, and has some reimbursement from his separate estate.
Re: Divorce Law
The answer is probably. There are a few retirements plans where the spouse does NOT have an interest -- but it's rare.
You should probably be entitled to 8-1/2 years (or so) work of what he's got into retirement.
Regarding the house, there is a formula that Texas uses to determine what $$ you would be entitled to receive at divorce.
Of course, I'm sure you want your name off the loan. That might be a problem. The Judge CANNOT interfer with any 3rd party debts (like a mortgage).
If you live in Harris or Ft. Bend County, you can call or email me.
Fran Brochstein
713.847.6000
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