Missouri City, TX asked in Divorce for Texas

Q: For temporary orders shouldn't all community assets be exhausted first before separate property is used to pay bills?

My wife has an IRA worth $5000. It is a community asset. Shouldn't she expected to liquidate this and use it before expecting me to use my separate property to pay past due and due community bills?

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1 Lawyer Answer
Shawn H. Smith
Shawn H. Smith
  • Fort Collins, CO
  • Licensed in Texas

A: Probably not, unless it was specifically stated in the order. It also depends on what you are considering to be your separate property at this point. It would be a good Idea to consult your attorney about this, since you may be confused. If you don't have an attorney, it sounds like now would be a good time to get one since there is some confusion that is too involved to clean up on an open forum like this one. Many, including myself, will give a free consultation to discuss your issues. Good luck.

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