Legal Question in Family Law in Texas
i know that in the state of texas when a couple divorces, all the community property is 50/50. my spouse wants to keep the house, but i want my half so that i can start over. i would like to buy a small business. i am unemployed, want to have dental work which i really need, and also have vision problems. i am 61 year old and all my future is in my half of the house's value. i don't want any furniture, any of her 401k, only my clothes, my tools,and my car. there are no children under 18 involved. please help!!!
2 Answers from Attorneys
Is there a divorce pending?
Yes, the presumption is "50-50," and it usually ends up being divided that way. The Family Code doesn't say "50-50." It says a "just and right" division.
File for divorce and ask that the house be sold and the proceeds divided.
I would encourage you to retain an attorney.
Please be advised that you might be making a huge mistake not taking your portion of her 401(k) since it was acquired during the marriage.
You need to talk to an experienced family law attorney NOW!
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