No. The Texas Family Code explicitly provides that a few things cannot become a reimbursable claims upon divorce. Student loans are one of those items.
This is a matter of "public policy" that the Texas Legislature simply believes should not be something that spouses argue over upon divorce. If you paid off your spouses students loans, that is money that you can never get back. No matter how big the loan, or what the source of funds were that you used to pay off the loan, that money cannot be reimbursed to you during a divorce proceeding.
It is possible for one spouse to have a claim for reimbursement for separate property that was invested into the community estate. Typically, this takes the form of one spouse using their inheritance or pre-marriage assets to purchase a home during marriage. It also often occurs where one spouses uses their inheritance or pre-marriage assets to remodel or add improvements to a home.
Texas law provides a presumption that all property on hand at the time of divorce is community property. To prove otherwise, the spouse who is claiming a separate property interest must prove it by "clear and ...
Texas is a community property state. This means that all property acquired during marriage and on hand at the time of divorce is community property belonging to both spouses equally. This is true for retirement, 401k, and pension plans too.
Federal law and Texas law combine to provide a non-employed spouse with certain protections of their interest in their spouses retirement plan. During a divorce, it is critical that these dates and values of the retirement plans be properly considered by the parties. Additionally, dividing retirement accounts will require special documents or ...
Family law can be complicated.
This blog contains some of the most common questions that our family law attorneys receive. Search or click below to learn more about common family law issues regarding divorce, child custody, adoption, and CPS.
- Foster Parents may Intervene Prior to Twelve Months Under Certain Circumstances
- New Changes to CPS Statutes Effective 09/01/2021: Prioritization of Placement Decisions
- New Change to Child Support Effective 09/01/2021: Reduction in Support Requirements for Low-Income Earners
- What is a common law marriage in Texas?
- Can I be ordered to pay my spouse alimony (spousal maintenance)?
- Is my premarital agreement enforceable?
- What are "Initial Disclosures"?
- Should my spouse and I use the same lawyer for our divorce?
- What is Collaborative Family Law?
- Who has more power over a CPS case: The judge or CPS?