Let me give you some history before I ask my questions.
My wife and I were married “the first time” in year 2008 in Texas and then we divorced in 2014. Somehow, about a year later we reconciled and remarried in 2015. We do not have any kids. Now, let’s fast forward to 2019 and here we go again. This time, I ‘m fairly certain my wife is having affair because she just simply does not come home some nights and protects her phone with her life. In both marriages we have always had separate bank accounts. Meaning, I pretty much pay all the bills and she paid for the food and other misc. costs. We both deposit our paychecks in our separate bank accounts and there are no comingled marital funds.
In our first divorce, we did a quickie 61-day divorce un-contested and we both agreed to the following, oh I forgot to mention, she filled out the divorce forms since she works in the law industry.
- For the Home -Since I put down a large sum of money on the home in 2011 and have paid the mortgage, property tax, insurance and HOA fees – she gave me the house on one condition, that I reimburse her for 1000 she paid the builder when I was traveling and could not get back in time to pay the builder. Of course, I paid the 1000 back to her after the 61-day period (in 2014) and judge signed the decree, she then moved out and into her own apartment. She agreed to remove her name from the deed, but she failed to do after our divorce.
- Our 401k’s- Neither party touched the other’s 401k, and both were left intact as is.
Now here is where it gets tricky.
When I received a copy of the divorce decree, it really didn’t say much, just basic verbiage (see below)
- The Reason for divorce was irreconcilable differences, however, for the division of property, it did not spell out anything we agreed to , instead, it read something like “Both parties will leave with their own possessions kind of statement” I can’t find my decree right now or I would give you the complete verbiage, but you get the idea.
Now, here are my divorce questions.
- Since she gave me the house in first divorce, wouldn’t that be considered separate property the 2nd time around? She is saying she wants to sell the house and split the proceeds however, I think the home is mine, and I may only be on the hook for the 50% of the equity from when we remarried to 2019. Any comment?
- 401ks- I’m assuming she can only get the increased value from the time we remarried until we divorce? But that also works in for me as well, meaning I could get 50% of her 401lk spanning the same time span. Any comment?
- What about our separate bank accounts? Keep in mind, we do not know how much money the other has nor do we have login info. They are completely separate bank accounts, nothing joint
What would happen in this case, could our separate bank accounts be considered marital property?
Thanks and I appreciate any feedback.