Legal Question in Family Law in Texas

divorce ,splitting assets,401k plan

My wife has filed for devorce,She wants Me to sell the house,split the proceeds after all bills are paid and split my 401k.None of our assets have been frozen,can I take money from my 401k and use it now without having to split it all with her.Can I sell any thing out of the house to keep her from taking anything she wants,without having to pay her for it once were divorced.There is no court order freezing any of our assets


Asked on 7/08/00, 2:26 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: divorce ,splitting assets,401k plan

All of the property acquired during the marriage is community property - an undivided 1/2 property interest for each of the parties. If the 401k can be reached by your spouse, any money you spend from it could be a debt that you would have to repay to the community property. The same applies for any thing sold out of the house. One half the proceeds of the sale belongs to her.

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Answered on 9/08/00, 8:47 am


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