All that is acquired during a marriage is a condominium, unless a spouse can prove (or the spouses agree) that it is a separate property. Separate property is property that is owned prior to the breakdown of the marriage or acquired during the marriage as a gift, inheritance or as a repair of damages. Texas law provides that couples who wish to marry and those who are already married can execute a document characterizing their property as separate or communal. This agreement may characterize ownership in a different way than the law would do in the absence of such an agreement. Premarital and postmarital conventions are fully applicable in Texas and are favored by Texas law. The agreement may provide that income from a separate property remains separate property. The agreement may regulate the property order in the event of separation, divorce or death. In addition, the contract may waive the housing allowance, personal wealth and family allowances to which a spouse may be entitled. (4) This agreement must be a definitive provision of the subjects dealt with and can be used as evidence and incorporated into a final decree of divorce or dissolution. In the event of a divorce, the court will order a “fair and just” division of the couple`s condominium. This means that a party is not automatically entitled to a uniform division of the communal property, and that it is not permissible for a court to assign to the other spouses the separate assets of a spouse.
The judge must assign the separate property to the spouse who owns it, which means that a party must prove that there is something well separated to place him in a divorce case. Beyond the consequences of the law, there are several steps a couple can take to reduce the likelihood of a legal conflict on the street. For example, the use of a form or model that does not specifically address the circumstances of the marriage is generally not a good idea and may ultimately affect the validity of the document, particularly if the form is not adapted to the state in which the couple will live. Under Texas law, all property and income of the two spouses acquired during the marriage is considered common property (jointly owned by the spouses). There is no difference between the income that has been paid or the name of the title, contract, account or note, as long as it was purchased between the date of marriage and the date of divorce and it was not a gift, an estate or a personal injury plan. Moreover, it must be a serious agreement after the Texas exchange after the exchange, which means that it must not be so unfair that it is subject to serious financial difficulties for one party, while the other takes advantage of it. There are no Texan cases concerning unscrupulous post-niup partition and the exchange of marital agreements. It is likely that an agreement that is no worse than if the marriage had not taken place would not be unacceptable. Nor should the contract contain clauses that could be considered contrary to state law.