Legal Question in Family Law in Texas

My divorce is in progress. I know it's the responsibility of separate property to support the community if the community estate can't pay the bills, but shouldn't the community assets be exhausted first? For temporary orders my wife is asking me to use my separate property to pay bills due and past due. She has an IRA worth $5000. This is a community asset. Shouldn't this be liquidated and used before it is required that my separate property be used to pay these bills?


Asked on 7/21/13, 10:39 am

1 Answer from Attorneys

Whatever the temporary orders require is what must be done. The community assets do not have to be exhausted first, especially when they are retirement assets.

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Answered on 7/22/13, 3:37 pm


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