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At any time after marriage, Texas spouses may enter into a postmarital agreement which partitions or exchanges between themselves all or part of their community property, then existing or to be acquired as the spouses may desire. Once the property is partitioned or exchanged it becomes a spouse's separate property. The partition or exchange of property includes future earnings or income arising from the property as the separate property of the owning spouse, unless the spouses agree future income and earnings will become community property. Furthermore, in a post marital agreement, the parties may agree that all or part of the separate property owned by either or both of the spouses is to be converted into community property. The requirements for preparing a post marital agreement are virtually identical to the requirements for preparing a Houston prenuptial agreement.
Over the years, parties financial needs frequently change
during the term of the marriage. While the parties wish to
remain married, they frequently wish to address specific separate
financial needs. For example, one party to a 10, 15, or 20
year marriage may have a relative who is going to require
special needs care for many years to come. Rather than burdening
the entire community estate, frequently the parties will partition
their community property into two separate estates, so that
the one person with the special needs relative can make particular
arrangements for that person and the other spouse's property
is free. Also, frequently couples that have been married for
many years will have acquired houses, ranches, and businesses
that need special attention. Frequently it is easier to manage
those properties by partitioning them in a manner that fits
the party's particular needs. If you have questions about
a pre or postnuptial agreement, please contact our Houston
prenuptial agreement attorney today. |
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