Legal Question in Family Law in Texas

I have been married for 17 years, for the 16 years, Ihave been paying all of the household expense, including car expenses. He has paid house payment, health and auto insurance. House not 700 per month. We have seperate bank accounts, work for the same employer, own a residental lot, have seperate 401K. Home became paid off 5 years ago, he gave none to the household, except insurance, health and auto only. I paid home and taxes as well. I became in debt due to now help with loans and credit cards. He told me his money was not my business. My question, how far back can I have his accts looked into to see where and how much money he has stock piled over 17 years?


Asked on 10/08/10, 9:12 am

2 Answers from Attorneys

Fran Brochstein Attorney & Mediator

I would hire an attorney immediately.

Basically everything both of you have acquired is community property - unless it's been inherited or gifted.

Good luck!

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Answered on 10/13/10, 9:18 am

You are entitled to review all the bank records for the duration of your marriage (as is he). While generally everything (with a few specific exceptions) accumulated during the period of the marriage is marital (regardless of who earned the income, kept the income, whose name something was titled in, etc.), there are ways to request an unequal distribution of assets in YOUR favor. Unfortunately, the process of getting before the court properly to ensure it can address your concerns is very complicated.

Seeing how much you have at risk here (a paid for house, cars, retirement accounts, a long-term marriage), it would be worth your while to seek a consultation with a knowledgable family law/divorce attorney. Many give their initial consultations for free. Speak with at least 2, so that you are sure that the person you hire will be someone you trust because the entire process of divorce is a process that - frankly speaking - doesn't seem to make much sense from the outside so you have to know your attorney is protecting you even while it may appear to you - the untrained legal eye - that the attorney is doing something against your interests. There's LOTS of great family law attorneys out there - I'm sure you'll find the right one.

Good luck.

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Answered on 10/13/10, 3:18 pm


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