Uncontested divorce with assets

I received a house through gift, will or inheritance - is this my Separate Property?

Yes. Property received through gift, will or inheritance should be listed as your Separate Property, as should any property that you purchased or acquired prior to the marriage.



My spouse and I would like to exchange / partition / divide our retirement assets amongst one another. Why can’t I include this in my Uncontested Divorce?

Changing the ownership of retirement assets requires a separate hearing and additional legal documentation in the form of a Qualified Domestic Relations Order (QDRO). The changes also need to be processed by the Retirement Plan Administrator. This service is currently outside the scope of an Uncontested Divorce, if you need to separate retirement assets, please contact us to set up an appointment.



We bought a house during the marriage but only one of us is on the deed. Is it still Community Property?

Yes. Contrary to popular belief, it is not a requirement that both spouses be listed on any deed for any particular property for it to be deemed Community Property. You must factor in the value of all assets bought during the marriage, including houses, land and vehicles - regardless of the name on the deed - in order to achieve a ‘fair and equitable distribution of the marital estate’. Failure to include an asset that was purchased during the marriage may open you to the risk of future dispute, questions of fraud or misrepresentation.



Lauren Carrington Smyth

Managing Partner

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Carrington Smyth PLLC is licensed to practice law in Texas (2005), Washington, D.C. (2006) and England & Wales (2011).

 

Principal Law Office based in San Antonio, Texas

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