A prenup can be drafted to provide for a surviving spouse in the event of the other’s death. It should be combined with a competently drafted will. It can provide that all of your assets remain your separate property but still provide that your spouse will receive a portion of those assets, or none at all, depending on what you choose when its written. Without a prenup, Texas law provides for the division of your community estate, subject to your will.
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Prenuptial Agreement Benefits For Texas Spouses
There are many benefits to a prenuptial, or premarital, agreement. Without a marital property agreement, Texas law provides that a judge shall divide a community estate “in a manner that the court deems just and right having due regard for the rights of each party and any children of the marriage.” Read more...
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- How to discuss a prenup with your fiance
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- Can a prenuptial agreement provide for children?