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Asked 4/13/2010

If my wife leaves me and then wants half of everything in Texas can she?

She bought me a car for a Fathers Day present but,it is in her name and she wants half of 401K ,when she has her own 401K plan.

 
 
 
 
 
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Answer 1/3 - Submitted 4/13/2010

Any assets acquired during the marriage is considered community property. it doesn't matter whose name is on the title or deed. Any assets you had prior to the marriage is separate property and is not under the community property rule. I think you might want to read this site an if you're around the DFW area call him
http://www.raggiolaw.com/txart05.html

 
 

Answer 2/3 - Submitted 4/14/2010

If you have anything to prove that the car was a gift, you may be able to claim it as your separate property. Separate property is property owned prior to marriage, but also includes items inherited and items received by gift during the marriage. Whether she left you does not have a bearing on her entitement to her share of the community estate unless you can prove fault in the breakup of the marriage. For example, if she left you for another man, you can claim adultery and fault in the breakup of the marriage and request that the court award you a disproportionate share of the estate. This may be 53% instead of the presumed 50%.

 
 

Answer 3/3 - Submitted 4/14/2010

I highly doubt he can prove "gift" with the title in her name. While "titling may not count towards community property, as far as "sharing' goes; it goes a long ways on proving "intent" for a gift, and in this case: no. But his attorney may give the old law school try.

 
 
 
 
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