Teague, TX Divorce Law Firms & Lawyers

In Texas, your husband would have to file a notice of non-suit. Do not count on him filing the notice of non-suit if you are served. Once you have notice you will only have the Monday following 20 days from the date of service to file an answer. If you do not file an answer he can default you.If you have an answer at least you are somewhat protected from a default. If he really wants to stop the divorce he would not go through the expense of having you served. Contact a local divorce / family lawyer in your area.

Your husband is correct. Property you own at the time of divorce is assumed to be community property and is divisible in the divorce.  This is true whether the marriage is six months or 30 years.   A portion of your 401(k) is your separate property to the extent it was earned prior to your marriage. The court cannot take that portion from you or divide it with husband.  It is your burden, however, to prove how much you had in your 401(k) at the time of your marriage.  Request a statement from the month of marriage from the administrator of your 401(k).  The value of the 401(k) at the time of the marriage then is subtracted from the value at (close to) date of divorce.  The result is the community, divisible portion of the 401(k).   So for example, if you had $25,000 in your 401(k) at the time of marriage, and now it is worth $100,000, $75,000 of the account is divisble in the divorce.  So you and your hsuband would be dividing the $75,000.00.  Of course, if Husband has a retirement account then you are entiteld to the community property portion of his retirement account.   

Your ex-wife can certainly quit claim her interest in the home to you. Whether or not that is a good idea depends on many factors, including whether or not there is equity in the property and how large the delinquency is . Your ex-wife quit claiming the home to you will not release her from liability on the mortgage.