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.
There are two potential pathways in seeking a partition: Partitions may be in kind (meaning that property is divided into separate parcels and each parcel is allotted to a separate owner) or by sale (meaning that property is sold and sale proceeds are divided among the owners).
Potential solutions for dividing inherited property include selling the property and dividing the proceeds, providing siblings with co-ownership, and having one sibling buy out the other siblings.
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.
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.
Although Texas does not recognize “legal separation,” you can still have a separation agreement drawn up if you choose to live separate lives. The agreement is a contract between spouses that memorializes the terms of the separation, including child custody , visitation , support , and property division .
Legally you are within your right to date someone while you are separated. However, if there is a chance of reconciliation then your spouse can claim that you committed infidelity as a basis to ask for a divorce or have the court distribute the assets unequally.
``Legal Separation isn't available in Texas, so couples who would like to end their marriage formally must follow the state's divorce process. However, the court allows couples to live apart and make temporary arrangements while a divorce is pending.''
Texas does not have legal separation, so you need to protect your legal rights when you are not ready to divorce.
Yes. A married couple can separate, even be living in separate houses and still be married.