Texas Partition Agreement With Exchange In Virginia
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FAQ
Yes. A married couple can separate, even be living in separate houses and still be married.
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.
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.
Code § 4.102. Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023. 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.
Texas does not have legal separation, so you need to protect your legal rights when you are not ready to divorce.
Separation agreements have to be signed to be enforceable. It is customary, but not legally required, that they be notarized. It is also prudent to have the parties initial each page so that it is not possible to later claim that text was tampered with.
Basically, there is not a legal process for dealing with separation in Texas. But you can still move out and live separately from your spouse for as long as you need before you determine the future of your marriage.
When we are having a consultation with new clients, it happens that some people ask the question -- can I write my own separation agreement in Virginia. In trying to maintain our desire to provide straight forward answers, I will answer like this -- yes, you can write your own separation agreement in Virginia.
Even with a separation agreement in place, the parties are not “legally separated.” Again, Virginia does not have a procedure for obtaining a status of legal separation. A separation agreement is not a court order. A fully executed agreement is a valid contract and as such is enforceable by general contract principles.
Sec. 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.
