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Gerald-Esquire, Lawyer
Category: Family Law
Satisfied Customers: 3987
Experience:  30 years of experience
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In Texas if my spouse pulled 50k out of a pre marriage 401k

Customer Question

In Texas if my spouse pulled 50k out of a pre marriage 401k for down payment on a house, and we sell it during divorce is all that money returned from proceeds of the sale
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
Or is it community. I made all the payments
Expert:  Gerald-Esquire replied 1 year ago.
Hello,Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question. Generally, money that comes from Separate Property Retirement Funds is considered separate property unless there was an express gift made to the spouse to include such money as community property. The funds must be traceable to the original source. Also, the party claiming separate property must prove the claim by "clear and convincing" evidence. This means that it must be clear that the original source is separate property. Of course pre-marital retirement funds are separate property so the standard should be easy to meet. See Section 3.007 of the Family Code, linked below: I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday. I hope the information I have provided is useful to you and that I have earned a positive rating from you. It costs you nothing extra, and is the only way I get credit for my attempt to assist you. If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.Good luck, Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.
Expert:  Gerald-Esquire replied 1 year ago.
To be clearer: Unless your ex told you he was making a marital gift to you with the funds then the funds should go back. I am sorry that this may not be what you wanted to hear, but I would not want you to be misled.Kind regards, Gerald