Texas Partition Agreement With Exchange In Chicago
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FAQ
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.
Partition lawsuits can be expensive, with costs potentially ranging from tens of thousands to hundreds of thousands of dollars. The biggest expenses typically include attorney fees, court costs, and expert witness fees.
There are two potential pathways in seeking a partition: Partitions may be in kind (meaning that property is divided into separate parcels and each parcel is allotted to a separate owner) or by sale (meaning that property is sold and sale proceeds are divided among the owners).
Under Texas law, spouses can enter into partition or exchange agreements in which one spouse transfers all or part of their present or soon-to-be-acquired community property to the other, thereby transmuting it into the separate property of the receiving spouse.
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.
With this in mind, if you and your spouse purchased a home during your marriage, the home will most likely be characterized as community property. If you or your spouse owned the home before marriage, it will most likely be considered separate property (and possibly subject to reimbursement claims).
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. It is also possible to file a “friendly” partition action if the parties desire a court decree that ratifies their agreement.
Code § 4.102. Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023. 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.
What happens to our community property if my spouse dies? If there is a valid will, your spouse's separate property and his/her share of the community property will be divided ing to the instructions in the will.
