Spouses can choose at any time to enter into an agreement to transfer their interest to the condominium through a division agreement. The effect of this decision is to make a property or property a property separate from other spouses. If you have any further questions about matrimonial property rights, contact Goranson Bain`s lawyers, PLLC. We have offices in Plano, Dallas and Austin and we are available to you. A pre-marital agreement is a written agreement between potential spouses in contemplating marriage to be effective on marriage. A pre-marital contract is a contract executed by a couple prior to marriage, the rights and obligations of the parties to the property they hold, the property they acquire in the future, and the disposition of the property in the event of death or divorce. Here is a summary of the general rules for separate and common ownership. Call Galligan and Manning at (713) 522-9220 to arrange free consultations to learn more about how to change the rules through a marriage or post-marriage contract. The Texas Family Code does not provide for non-marriage cohabitation agreements. However, like most spousal property agreements, non-marital cohabitation is subject to contract law and is not applicable unless the agreement is signed in writing and by the person debited from the agreement.
In some cases, it may be helpful for people living together to enter into such an agreement. Often, newlyweds do not even know, let alone in detail, what they expect from their marital property rights. They talk about whether they should have children, where they want to live, what cars they should drive, where they should go on holiday and what cake sieves they should have at the wedding; the rules that should govern their marital property rights are a subject that should be avoided or considered a taboo. You can discuss the most intimate topics, but whoever gets home before when they die, or who gets the 401 (k) when you get divorced, is often too hard to discuss. There are two rules depending on whether the debt is based on a contract or whether liability is incurred in the event of a violation of a person or property (for example. B a car accident). In the event of a divorce, the court will order a “fair and just” division of the couple`s condominium. This means that a party is not automatically entitled to a uniform division of the communal property, and that it is not permissible for a court to assign to the other spouses the separate assets of a spouse. The judge must assign the separate property to the spouse who owns it, which means that a party must prove that there is something well separated to place him in a divorce case. In recent years, Texas courts have defended the position of maintaining the application of spousal property agreements, and there are very few exceptions for which a party can avoid the effects of a pre-marital agreement. In particular, parties to a spousal property contract may enter into contracts relating to the rights and obligations of each party and any property of one or both of them, when and where they are acquired or located; The right to buy, sell, use or otherwise manage and control property; the transfer of property of separation, marriage, death; Changing or eliminating sped assistance Executing a will, trust or other agreement to enforce the agreement; and with almost every other question.
In addition to matters related to a possible divorce, the parties may include provisions to assist a spouse and confirm the will of the will of the last will and the wills of the spouses in pre-marital or post-marriage contracts. It is important to discuss your expectations in a marriage and hopefully accept. This applies no less to your marital property rights than to other personal and private matters. Even if you are discussing financial issues and you find that the existing law is in line with your wishes, you have at least discussed them.