Temple, TX Divorce Law Firms & Lawyers

There are forms that must be filled out to withdraw money from the account. You would likely not be able to access his account without his permission. Proof of his signature as well as other documents from the fund manager would likely suffice to show that he gave authorization. Also, the more important issue would probably be to trace what happened after the money was withdrawn. For example, if the money was used to take care of the household, it may not matter to the court. But if the money was used for one spouses benefit, the court may use that to equalize things in the property division. If you both have attorneys they will certainly make arguments concerning the withdrawal of the funds.

That is a complicated question.  The State of Texas operates under a community property presumption, which means that anything purchased during the marriage is presumed to be community property unless proven otherwise by a party.  It wouldn't matter whether your husband put the property only in his name or in both of your names because the fact that it was purchased during marriage would imply that it is community property.  If your husband has separate assets and purchases the home with those separate assets and he can prove those facts, then it would be beneficial for you to have the home in your name as well for a variety of reasons that are too numerous to list here.  The Court will divide all community property equitably, which may mean half and half, or it may mean something different.  The first question will be whether the home is community property, then, if it is community, the Court will determine how to equitably divide the house and all the other assets.

Your ex is entitled to ask the court to modify the existing order to include such a prohibition. The judge may or may not do so, depending upon what appears to be in the best interests of the child. I suggest you hire a lawyer.