Corinth, TX Divorce Law Firms & Lawyers

Your question indicates that you are in Texas. I'm not sure where your estranged partner is, but Texas does not recognize a legal marriage between individuals of the same sex. If you two own property together or have children together, you will probably need to seek remedies to address those issues in court. However, you may need to get formally divorced in whatever state you were originally married in because there technically is no divorce option available for gays and lesbians in Texas. Speak to a local attorney about the particular circumstances surrounding your marriage to determine what the best course of action is for you to take.

During a divorce, there is a rebuttable presumption that all of your marital assets are community property, regardless of which spouse's name is listed on the title.  A party claiming to have a separate property interest in an item of property (for example, because they traded in another vehicle they owned before the marriage or used separate funds which were in a bank of account before the marriage) has the burden of proving their separate property interest by clear and convincing evidence, which often requires undisputed documentary evidence.  This usually isn't a factor in a marriage that has lasted "years."Upon divorce, your community property will be divided by the court in a manner that is "just and right" which does not necessarily mean 50-50.  The evidence you detail in your question will be considered in making a "just and right" division of your marital assets.  In most cases, barring unusual evidence, each spouse is awarded the motor vehicle they usually drive and is responsible for paying any debt owed that is secured by the vehicle.  If there is a significant disparity in value or equity, the court typically adjusts that using other assets.  Awarding a motor vehicle to one spouse while making the other spouse responsible for the debt is a recipe for post-divorce conflict and proceedings.  A competent and experienced attorney will strongly caution you against agreeing to such an arrangement.  A competent and experienced judge typically will not order it.  

Social security cannot be divided. Your best bet is to get your own job. I suppose you could file for divorce and ask for a split of the property and the 401k. That may help.