Premont, TX Divorce Law Firms & Lawyers

The house that your wife purchased is her separate property; however, any payments you made toward the mortgage or to the improve the home are subject to a reimbursement claim back to you because you contributed to her separate property by making payments. The 401(k) from her job may be separate or community property depending on when she started her employment. Any contributions to the 401(k) plan prior to your marriage are separate property. Contributions after the marriage are community property, whether she made the contributions or you did. In any case, any income from any source (including retirement account contributions) are community property as of the date of your marriage. I highly recommend scheduling a consultation with a local family law attorney to discuss your rights and options in your case.

Generally income which accrues during the marriage is joint. On the other hand, if he has investment accounts which are in his own name and which accrued previous to the marriage, those accumulations would generally be separate property as well. You really need to have an attorney looked into the situation to determine your rights. As an aside, as you are not yet married yet concerned about this, I would suggest that you might rethink entering into the relationship. Such concerns do not bode well for a planned life union.

You need to file for annulment of the marriage. Annulments are different than a divorce because you have to prove fraud. That should not be difficult if he told you he was single when he married you.