Legal Question in Family Law in Texas

undisclosed funds, sale of house, repayment of debts

I actually have three questions:

1. I recently found out that my spouse did not disclose almost $20,000 in two 401Ks. My divorce decree states that I relinquish rights to any 401Ks resulting from past, present, or future employment. But if I didn't know about these, can I still ask for %50? One 401K was worth $10K at the time of the divorce, but she has since taken out $5K. If awarded 50%, it would be of the $10K, right?

2. My ex wants to sell the house (she got it in the divorce). I'm paying the 2nd and have done so on time as agreed. (She is currently 60 days late on the 1st for our old home and the new $300,000 one she built after the divorce.) The divorce decree says I'm responsible for the balance on the 2nd. If the proceeds of the house are used to pay the 2nd, do I have to pay her back? We valued the house at $75,000 in the divorce, but she's selling for $99,000.

3. From the filing of the divorce to its finalization, I lived in an apartment. She lived in the house. I paid my expenses and hers (two mortgages, utilities, her car pymt, 90% of bills, etc.). If we have to revisit the property settlement issue, is it possible to get reimbursed for at least a portion of all I paid during that time?

Thanks for your help.


Asked on 11/28/06, 9:07 am

1 Answer from Attorneys
TC Langford Langford Law Office

Re: undisclosed funds, sale of house, repayment of debts

Did you have a lawyer? If not, you should get one today. If so, call him/her and pose these questions. Your decree should have a provision regarding undisclosed assets and debts. If you can establish that it was fraudulently withheld you also have a case. These issues should have been resolved the first time around, and you need to get back into court, before all of the assets disappear.

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Answered on 12/04/06, 2:17 pm


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