Legal Question in Family Law in Texas

Just serviced divorce papers 2 days ago. I have the following questions:

1. Can my husband force me to sell our house? Since Hurricane Ike, it is nearly impossible to find decent houses or apts. at rate I could afford.

2. I am currently unemployed, have not worked in 4 yrs. Am I eligible for spousal support; if so, for how long?

3. My husband has never saved money or stayed employed long enough to set up a retirement fund. I've always saved money, but he forced me cash in all savings, previous retirement funds, and savings bonds. I was told that under TX law, he is entitled to 50% of my IRA. Is that true? He had a 401K ($12K) but cashed out 50% 2 wks ago so that I couldn't get it. Am I entitled to his $12 or the balance of $6K?


Asked on 10/14/09, 5:16 pm

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

1. Yes.

2. You can try for temporary support while the divorce is pending. Your have not been married long enough to get alimony after the divorce

3. You are entitled to 50% of the balance of the IRA . Often when spouses ahave separate pensions and IRAs each spouse keeps the money they saved, pensions, IRAs etc.

You need to retain an attorney to help you

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Answered on 10/19/09, 6:39 pm


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