Laura Dale & Associates, P.C.
Se Habla Español Nous Parlons Français
Call 713-574-7952 or 888-572-6059
888-572-6059

Using a marital agreement to protect your property

Many of our readers have heard of the increasing popularity of prenuptial agreements to protect property from division in the event of divorce. As useful as prenuptial agreements are, though, not every couple has the foresight to negotiate such an agreement prior to marriage.

In our last post, we mentioned the possibility of using marital agreements to protect assets from division. Texas law allows for the possibility of spouses agreeing to partition or exchange community property, as well as coming to an agreement regarding income or property from separate property.

Spouses are allowed to partition or exchange community property between themselves at any point in their marriage. This can be done with both existing property and property to be acquired in the future. This allows couples to clearly identify separate property, as well as income arising from transferred property. In addition, spouses are allowed to specify that income or property arising from separate property owned by one of them or which will be acquired by one of them shall remain separate. Married couples may also negotiate agreements to convert separate property to community property.

In any marital agreement, the proper formalities must be followed or the agreement will not be enforceable in court, which would defeat the purpose. These agreements must be in writing and signed by both parties, but are enforceable without “consideration,” which is the quid pro quo element of a contract which is ordinarily required.

In our next post, we’ll look at the enforcement of marital agreements and why it is important to work with an experienced agreement before entering into them. 

No Comments

Leave a comment
Comment Information

Client Testimonials

  1. Laura Dale the best Family Law attorney I have ever met... Posted by John...Listens, takes your calls, tells you the truth (even when it may not be what you want to hear)... Read More

  2. The Best...Posted by a Child Custody client... Laura Dale handled my international child custody and divorce matter. I am an attorney in Houston and was referred to her... Read More

  3. A Meticulous, Knowledgeable, Attorney with Heart...Posted by a Child Custody client... Laura was not the first attorney that my husband and I interviewed for an extremely complex... Read More

  4. Top Notch, Hands Down - The Best...Posted by Tammi, a Child Custody client... Laura Dale has been absolutely the best attorney I could have found for my difficult child custody... Read More

Contact Our Experienced Team Today | Se habla español | Nous parlons français

Due to the experience our lawyers have in many specialized areas, you can rely on us to put together the right team to handle your case, even if it centers on complex issues such as international family law, business valuation or bankruptcy. Contact us today to make an appointment to discuss your needs with a knowledgeable lawyer.

Laura Dale & Associates, P.C.
1800 Saint James Pl.
Suite 620
Houston, TX 77056

Toll Free: 888-572-6059
Phone: 713-574-7952
Fax: 713-600-1718
Houston Office Location