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4.102. PARTITION OR EXCHANGE OF COMMUNITY PROPERTY. At any time, the spouses may partition or exchange between themselves all or part of their community property, then existing or to be acquired, as the spouses may desire.
How Partition In Texas Works. Texas law provides each co-owner of real property with an absolute right to have their property partitioned through a forced judicial sale. Texas courts are required to partition property even if only one co-owner makes such a request, and the courts have no wiggle room or discretion.
Everything acquired during a marriage is community property unless a spouse can prove (or the spouses agree) that it is separate property. Separate property is property owned before marriage, or acquired during the marriage as a gift, through inheritance, or as part of a personal injury settlement.
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.
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.