Texas Partition Agreement With Waiver Of Rights In Alameda
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A partition agreement does not have to be approved by the court as just and right. In addition to being in writing and signed by both parties, a partition agreement must either specifically reference “partition” or show the parties' intent to convert the property from community property to separate property.
To win a partition action can take anywhere from a couple of months to reach a settlement agreement to a year or more if it goes to a court trial.
In Texas, there is no presumption that each party owns separate property. However, spouses do have equal ownership rights to their respective properties.
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.
Even if only one spouse's name is on the deed, any property bought during the marriage is presumed to be community property, unless it was bought with separate property funds. The spouse claiming it as separate property must prove it in court.
The process of partition action starts with one or more owners filing a petition in court. The court then examines the real estate details and the owners' interests to decide on the best division method.
Legal and Practical Considerations: Legally, both spouses have an equal right to stay in the marital home unless a court decides otherwise. This is because, in Texas, a home bought during the marriage is considered community property, owned equally by both spouses.
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