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.
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. The court must order the property partitioned. Partition is sometimes referred to as a “forced sale.” Partition only applies to real property and not personal property.
Every co-owner of an interest in the property (no matter how small) must agree in order for a voluntary partition to occur. The remedy when agreement cannot be reached is for one or more of the co-owners to seek a court-ordered division by means of a partition suit.
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.
In civil procedure, a Rule 11 Agreement can refer to a voluntary written agreement signed by all parties on any subject matter involved in the lawsuit.
The state divides separate personal property between your spouse and your children, with two-thirds afforded to all the children and the leftover one-third going to the spouse. Separate real property is divvied out in the same manner, but once the surviving spouse dies, real property is transferred to the children.
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.
So b1 to BN is a partition of an event B if the union of b1 to BN is the event B. Another way ofMoreSo b1 to BN is a partition of an event B if the union of b1 to BN is the event B. Another way of saying this pictorially is that it takes the event B. And it splits it up into a bunch of small events.
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.