Partition And Exchange Agreement Without Validation 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.
3.002. COMMUNITY PROPERTY. Community property consists of the property, other than separate property, acquired by either spouse during marriage. Added by Acts 1997, 75th Leg., ch.
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.
“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.
Section 4.105 - Enforcement (a) A partition or exchange agreement is not enforceable if the party against whom enforcement is requested proves that: (1) the party did not sign the agreement voluntarily; or (2) the agreement was unconscionable when it was signed and, before execution of the agreement, that party: (A) ...
Section 4.203 - Formalities of Agreement (a) An agreement to convert separate property to community property: (1) must be in writing and: (A) be signed by the spouses; (B) identify the property being converted; and (C) specify that the property is being converted to the spouses' community property; and (2) is ...