Partition And Exchange Agreement With Waiver Of Rights In Texas
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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.
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.
“LOSS OF PROPERTY OWNERSHIP. IF YOU SIGN THIS AGREEMENT AND YOUR MARRIAGE IS SUBSEQUENTLY TERMINATED BY THE DEATH OF EITHER SPOUSE OR BY DIVORCE, ALL OR PART OF THE SEPARATE PROPERTY BEING CONVERTED TO COMMUNITY PROPERTY MAY BECOME THE SOLE PROPERTY OF YOUR SPOUSE OR YOUR SPOUSE'S HEIRS.
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.
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.
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.
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.
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.
Legal and Practical Considerations: Legally, both spouses have an equal right to stay in the marital home unless a court decides otherwise. This is because, in Texas, a home bought during the marriage is considered community property, owned equally by both spouses.
