A partition does not need to be in equal shares. In addition, spouses may exchange their collective assets in various assets in order to make one of the separate assets of one spouse and other assets the separate assets of the other spouse. Where immovable property participates in one of these types of agreements, the ownership status must be recorded in the registration of the deed in the county where the property is located. Conjugal property agreements include prejudiced agreements, post-marital agreements, sharing or exchange agreements, and cohabitation agreements. However, making sure your split or exchange agreement is enforceable can be difficult without the help of an experienced divorce lawyer in Austin. A lawyer from our firm can work with you on your case. Contact the law firm of Ben Carrasco PLLC for more information online or by phone at (512)-320-9126. This is a very different approach from that of states that rely on a theory of the distribution of wealth for divorce reasons, known as “equitable distribution,” where property is distributed in a manner that is equitably for both parties. Texas jurisprudence has ruled that once a property right is transferred to a spouse under a partition and exchange agreement, it becomes the separate property of that spouse. As for formalities, a sharing or exchange agreement must be made in writing and signed by both parties and no consideration is required for it to be applicable.

While not explicitly defined by Texas state law, it is a good idea for both spouses to have separate legal assistance to inform them of their rights and obligations. This will help avoid many scenarios in which a spouse may claim that they were not fully informed before signing or that they did not fully understand the situation and the contract. If either spouse is a foreigner or speaks English as a second language, consulting a Texas lawyer who speaks their native language is a good idea. The agreement is not applicable unless it is signed voluntarily. Texas does not voluntarily define as part of a marriage contract. A creative lawyer might argue that poor knowledge of English means it wasn`t signed voluntarily. Marital property agreements offer married couples in Texas the opportunity to circumvent the rules of characterization. The main purpose of a conjugal property contract is to define what will be community during marriage and what will be separate property. Section 4.205 also provides that written agreements shall contain a statement which should be published in bold, uppercase or capital letters containing a language of disclosure of a party`s knowledge of the effects of converting ownership into common ownership. A party opposing the agreement must prove its unenforceability, but unlike section 4.006, section 4.205 does not contain any provision on the capacity of scruples as a defense against third-party effectiveness. To be considered a favorable contract, a conjugal agreement must first be written and signed by both parties.

However, the mere existence of a written contract with the corresponding signatures is not sufficient for the document to be kept by the court. These agreements are generally referred to as “conjugal property agreements.” To draft a Texas bulletproof sharing and exchange agreement, it must be an out-of-court agreement, which means it must not be unfair enough to cause serious financial hardship to one party, while the other benefits. There are no Texas cases of unscrupulous post-up division and exchange of marriage agreements.. . . .