Texas Partition Agreement With Spouse In Pima
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The parties acknowledge that, to convert additional separate property of either party into com- munity property, the parties must prepare and sign a separate written instrument. This agreement may be enforced by suit in law or equity by either of the parties or by their heirs, executors, attorneys, or assigns.
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.
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.
A debtor that is married might offer various defenses based on the community property laws of the state of Texas. This page discusses some of those issues. A spouse's separate property cannot be seized to satisfy a judgment against the other spouse unless both spouses are liable under other rule of law.
Addressing Spousal Support and Debt Payments The divorce decree will define who is responsible for specific debts, but creditors may still attempt to collect from either party if the debt was initially joint.
In Texas, there is no presumption that each party owns separate property. However, spouses do have equal ownership rights to their respective properties.
4.102. PARTITION OR EXCHANGE OF COMMUNITY PROPERTY. 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.
