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Divorce Archives

Your spouse is entitled to part of your 401(k) in a divorce

Many Waco residents participate in retirement plans through their employment that they build upon during their marriages in anticipation of retiring together at some point. However, not all marriages last, and those carefully made retirement plans disappear. Furthermore, the funds in your 401(k) will more than likely be divided in the divorce.

3 Common questions about property division in Texas

Many divorcing couples are surprised to learn how property division works in Texas. A Google search for "community property state" bring ups several articles defining the term, along with some confusing information about the rights of each spouse and how assets are divided. In a nutshell, "community property" means that all assets acquired during the marriage are equally owned by both spouses. Many people stop their research there, assuming they'll automatically get half of everything. However, that is not always the case. Let's answer a few common questions Texans have when getting divorced.

If the house is in my name, must I split it with my spouse in divorce?

Divorce comes with many concerns. For many people, dividing up marital property that they've accumulated over the years is one of the greatest challenges. No one wants to be shortchanged. No one wants to end up with fewer assets than he or she deserves. So when it comes to determining who gets one of the biggest assets of all - the family house - it's important to know how Texas law works.

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Sutton Milam & Fanning, PLLC
1521 Austin Ave.
Waco, TX 76701

Phone: 254-633-3048
Fax: 254-752-9938
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