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Texas law provides that spouses can agree to partition their community estate into two separate estates. The document that accomplishes that is referred to as a ‘partition agreement’, a ‘post-nuptial’, an ‘ante-nuptial’, or a ‘post-marital’ agreement. It “partitions” the community estate into two separate estates and has the same effect as a prenup.
“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 Family Code §4.102
A Partition Serves Many Purposes
There are various reasons that spouses may choose to execute a partition agreement. Some do it because of marital difficulties and the desire to remove the stress and distraction of worrying about the financial future. It allows them to focus on the marriage. A partition agreement also removes the requirement to think strategically about whether you should file in court before your spouse does. Others do it to protect assets from the risk associated with a spouse’s business venture. Some do it because of a spouse’s spending habits.
Regardless of your reasons, if you are considering a partition agreement, please click on the tabs for Texas Marital Agreements and our Blog for more information. If you still have questions and would like to discuss a partition agreement please contact me via email or by phone.
A Complete Standard Partition Agreement by an Attorney
I offer a standard partition package that divides the community estate into two separate estates. It is sometimes referred to as a postnuptial agreement. It’s ideal for those situations where the spouses agree on which assets and debts each will receive. The package includes spreadsheets, which the spouses complete, to identify the assets and debts that each will receive.
The standard partition agreement will divide a community estate into two separate estates, having much the same effect as if the parties had executed a prenup prior to marriage. In the event of death or divorce, and with respect to creditors, the parties will have two separate estates after executing the Standard Partition Package.
The cost is the same as the standard prenup package, $399.
If you would like to purchase the Standard Partition Agreement, please click here to get started. We will contact you via phone for a credit card number and to answer any additional questions you may have.
You can also make your payment below safely and securely.
You will receive your package usually on the same day. If you have questions that are not answered on this site please feel free to call us at 281‐358‐3444.
Back to main topic: Texas Marital Agreements
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