I have been in a common law marriage in Texas & used my retirement & pension to purchase some vehicles. We want to end the relationship my question is since this was my retirement/pension before I met him is he entitled to the vehicles? I thought only the items once we were together are community property. He has not worked at all so I have paid for everything.
1 Answer from Attorneys
Property acquired prior to marriage is separate property and cannot be divided upon divorce. Also property purchased during the marriage with separate property is not divisible upon divorce. However income from separate property during the marriage is generally considered to be community property and can be divided upon divorce. So you are entitled to one half of the portion of the cars purchased with income from your pension plan and all of the portion of the cars purchased with principle from the pension plan.