Retirement -401k Pension, Can spouse request?

[txsgirl74]

What is the name of your state (only U.S. law)? Texas

I've been told Texas is a community property state, correct?

1.) Both names are on the Deed of Trust for home and property but not on the 'mortgage note', what will/needs happen before/upon divorce?

2.) Can he request a part of her Retirement/401 K?

Thanks in advance.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Texas

I've been told Texas is a community property state, correct?

1.) Both names are on the Deed of Trust for home and property but not on the 'mortgage note', what will/needs happen before/upon divorce?

2.) Can he request a part of her Retirement/401 K?

Thanks in advance.

The propery will be divided in the divorce -- the court will order a split of the marital property at that time. And yes, he can request a part of her retirement/401k and is entitled to a portion of it.

 

[txsgirl74]

Thank you

 

[nextwife]

The propery will be divided in the divorce -- the court will order a split of the marital property at that time. And yes, he can request a part of her retirement/401k and is entitled to a portion of it.[/QUOTE][

O.H., a clarification please: HE MAY be entitled to a portion - or not. But only of what she accrued DURING the marriage, if anything. If all her contributions were premarital, he may not be entitled..

 

[Ohiogal]

The propery will be divided in the divorce -- the court will order a split of the marital property at that time. And yes, he can request a part of her retirement/401k and is entitled to a portion of it.[/QUOTE][

O.H., a clarification please: HE MAY be entitled to a portion - or not. But only of what she accrued DURING the marriage, if anything. If all her contributions were premarital, he may not be entitled..

Yep. What you said.