Legal Question in Family Law in Texas

With a house and 401(k)s you should really get an attorney to help you. This is not the time to make a mistake that could cost you dearly in the future. To answer your questions, however:

The house should be confirmed in the divorce decree as separate property. If you have made payments on it during the marriage, then your spouse could ask for reimbursement (if he or she had a lawyer to tell him or her that, that is.)

The 401(k)s are split using a separate document called a Qualified Domestic Relations Order (QDRO). These are difficult to draft and most attorneys that I know do not do it themselves, but retain an expert. The QDRO MUST be approved by the plan administrator and each plan has its own rules. If you each are going to keep your own, then no QDRO is necessary, but there has to be very specific language in the divorce decree. Perhaps you can "balance out" any discrepancy over the 401(k)s with other property to avoid the division. We do this for clients frequently. DO NOT try to prepare a QDRO on your own.

Vehicles (including boats) can be divided in the divorce decree and if one spouse's name is on the title of the vehicle that the other spouse gets, the non-receiving spouse can either sign the title or give the other spouse a special form of a power of attorney to sign for him or her at sale.

Please hire an attorney. You are in way over your head. You are trying to save money on really important stuff.

If you had a plumbing problem would you go online and try to get answers from plumbers for free? I doubt any of them would help you!

You have expensive assets that will cost your thousands of dollars to "fix" if you don't do it right the first time -- so save money and do it right the first time!

PS - I don't do my own dental work -- I hire an expert to do my dental work properly!

You are asking advice for very complex questions and you expect an attorney to answer your question for free in a paragraph!

If you purchased an on-line kit -- beware -- most I've seen on from out of state companies that do not conform to Texas laws and are a waste of money. Plus, good luck trying to get your money back -- their guarantees are worthless! Many judges won't sign them. The paperwork is unenforceable and worthless. They might work in CA, FL, CO or NY but NOT in TX!