Texas Partition Agreement With Spouse In Allegheny
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The parties acknowledge that, to convert additional separate property of either party into com- munity property, the parties must prepare and sign a separate written instrument. This agreement may be enforced by suit in law or equity by either of the parties or by their heirs, executors, attorneys, or assigns.
The owning spouse may deed the property directly into his or her own name together with the name of the receiving spouse (i.e., both spouses are listed as grantees with expressly-stated rights of survivorship) and, so long as both spouses recite terms and sign the deed as a written agreement, the statutory requirements ...
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.
Community vs. Separate property, as defined under Texas law, is any asset that you owned before your marriage, as well as anything you received individually as a gift or inheritance during your marriage. Pre-marriage ownership – Anything you owned before you got married remains solely yours.
Community property under the intestate succession laws be distributed all to the surviving spouse if there are no children or if all children are of the marriage.
Texas Laws on Community Debt In many community property jurisdictions, debts incurred during the marriage are presumed to be the joint responsibility of both spouses.
A debtor that is married might offer various defenses based on the community property laws of the state of Texas. This page discusses some of those issues. A spouse's separate property cannot be seized to satisfy a judgment against the other spouse unless both spouses are liable under other rule of law.
In short, yes, you should have an attorney to represent you in a postnuptial agreement for several reasons: To be sure you are treated fairly in the agreement. To have the agreement upheld, as a court is much more likely to say it is a valid contract if both parties were represented by counsel when they entered into it.