Partition And Exchange Agreement With Foreign Countries In Houston
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FAQ
Although Texas is a community property state, meaning assets acquired during the marriage are jointly owned, it doesn't guarantee a 50/50 split. Instead, Texas courts strive for a “just and right” division of marital property, which may not result in equal shares for each spouse.
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.
Texas law requires that you serve divorce papers to your spouse, even if they are overseas. ing to Texas Rules of Civil Procedure Rule 106, you must ensure that your spouse receives the papers properly, or your case can be delayed or even dismissed. Used for countries that are signatories to the Hague Convention.
Yes, a foreign divorce can be recognized in Texas if it complies with the legal requirements of the foreign jurisdiction and does not contradict fundamental principles of Texas law.
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.
However, a divorce decree issued in a foreign country generally is recognized in a state in the United States on the basis of comity (Hilton v. Guyot, 159 U.S. 113, 163-64 (1895), where both parties had notice of the divorce proceeding and an opportunity to be heard within these proceedings.
Yes, Texas generally recognizes foreign marriages as long as they are valid under the laws of the foreign country where the marriage took place. However, there may be specific legal requirements that need to be met for recognition.
If you were married in another state, you are still recognized as married while living in Texas. Those considering divorce tend to ask, “Do we need to return to the state we were married in to get a divorce?” The answer is no. You can get divorced in Texas even if you were married in another state or country.