To win a partition action can take anywhere from a couple of months to reach a settlement agreement to a year or more if it goes to a court trial.
23.001. PARTITION. A joint owner or claimant of real property or an interest in real property or a joint owner of personal property may compel a partition of the interest or the property among the joint owners or claimants under this chapter and the Texas Rules of Civil Procedure.
The process of partition action starts with one or more owners filing a petition in court. The court then examines the real estate details and the owners' interests to decide on the best division method.
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 Laws on Community Debt In many community property jurisdictions, debts incurred during the marriage are presumed to be the joint responsibility of both spouses.
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. Property or a property interest transferred to a spouse by a partition or exchange agreement becomes that spouse's separate property.
In short, to force the sale of jointly owned property, you must first confirm title, then attempt a voluntary sale or buyout, file and serve a partition lawsuit, get an appraisal, sell the property, and finally divide the sale proceeds fairly.
ORA-14096: tables in ALTER TABLE EXCHANGE PARTITION must have the same number of columns. You cannot do that. You'll have to add the columns to the partitioned table first. A partition exchange is simply an exchange of segments -- no movement of data takes place. It is a data dictionary update.
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.