What is the name of your state?West Virginia O.K. wife moved out 10 months ago,recently filed for divorce. My home is in my name and was purchased a year before we got married. Now I lost my job and am forced to sell the house. What will happen if I cash in my 401k and buy a smaller house with the money before we ever go to court. I don't want to have to do this but I feel I have no choice. We were only married 4 years and she has been gone for 10 months so I don't even know how the 401k money would be split in divorce court. But I have to put a roof over my and my childrens head. Any advice??? Also the equity in my house is only about $2000. because of a refi less than two years ago so I will lose money when I sell it.