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A partition agreement divides, or partitions, a married couple's community estate into two separate estates. It is sometimes called a post-nuptial or post-marital agreement and is similar to a prenuptial agreement, except that it is executed by a married couple.
Property acquired during the marriage (outside of the noted exceptions) is considered community property. The spouses can, however, agree to convert (or ?transmute?) community property into separate property. In Texas, this is done via a written agreement establishing a partition or exchange between the parties.
A partition action can take 6-12 months on average. If the partition lawsuit involves land that is to be partitioned "in-kind", you can expect 12-24 months before final judgment. In most cases, partition actions are settled out of court.
Partition is the division of real property among joint owners and is an absolute right in the state of Texas. Texas law will not force one owner to maintain a joint ownership if he or she wishes not to for any reason. In this case, a joint owner may compel a partition in kind or a partition by sale.
More Information. With a standard marital partition agreement from mcnamaralawyers.com, for only $399 you can have a binding Texas postnup from an experienced attorney that will separate each spouse's assets and debts.