It doesn’t matter how an account or property is owned or titled. Because Texas is a community property state, usually all real and personal property (houses, cars, bank accounts, brokerage accounts, retirement accounts) acquired during the marriage is owned by the marriage regardless of whose name is on the property. So, don’t think that just because your 401k or your checking account or your car is in your name that it is yours; it is most likely the marriage’s. Many people who want to do their own divorces without lawyers often make the mistake that only the spouse whose name is on the property is entitled to that property, and that is just not the case.