Partition And Exchange Agreement With Waiver Of Rights In Houston
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FAQ
If you acquired your home during marriage, yes, your wife may be entitled to half under Texan community property laws, even if only your name appears on deeds.
Yes, but only if you keep it distinct from community property and maintain clear records to prove its separate status. Commingling funds can lead to the entire account being considered community property.
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.
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.
Typically your community property is divided between you and your spouse in a divorce while separate property will not be shared and/or divided.
A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse. This agreement must take place after the couple is married.
It is the burden of the person claiming it as separate property to prove that the asset actually should be considered separate property. They must present clear and convincing evidence. This is somewhere in between a reasonable doubt and a preponderance of the evidence.
How Partition In Texas Works. 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.
Waiting Period. (a) Except as provided by Subsection (c), the court may not grant a divorce before the 60th day after the date the suit was filed.
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.
