PLEASE NOTE: We are still open and operational! To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options. click here for Covid 19 updates
Laura Dale & Associates, P.C.
713-574-7952
Areas Of Practice

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
  • TAOFLS
  • Board Certified
  • IAFL
  • Super Lawyers 2019
  • Best Lawyers
  • Avvo Rating
  • Avvo Rating
  • Avvo Client Choice 2014
  • Avvo Client Choice 2014
  • Best Law Firms Badge
  • Laura Dale
  • Texas Bar Today Top Ten Badge

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.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Laura Dale & Associates, P.C.
email us for a response

OFFICE LOCATION
1800 Saint James Place
Suite 620
Houston, TX 77056

Phone: 713-574-7952
Fax: 713-600-1718
Houston Law Office Map

Review Us