Vanderpool, TX Divorce Law Firms & Lawyers

A final Decree of Divorce cannot be modified with respect to property matters. Your rights concerning the division of property are defined by the terms of the Decree. If, however, there were any assets that were not divided by the terms of the Decree, you and your ex continue to jointly own them and the court can divide them.

In Texas, all property obtained during the marriage is presumed to be community property. As community property, it is subject to a just and right division. It is likely that a court would award you the camper and boat; however, all the property would be considered and divided in the divorce, including all the property in your wife's possession. Also, after the divorce is filed, you could negotiate the property division without having the court decide. If you can't come to an agreement, the court will make the decisions.

I would contact the Plan Administrator for your prior Husband's Pension. Every Pension has their own set of rules. As a general rule, however, if your Husband did not elect to create a 'separate estate' for you under his Pension (there would have been a cost for this), then his Pension would have died with him. Pensions do not operate like 401k's.