L-R Elisa Reiter and Daniel Pollack. Courtesy Photos Does a Partition Agreement Present a Justiciable Controversy?
Over the past few decades, Texas family lawyers have engaged in a legal fiction: Let's tie a bow around the package of a partition and exchange agreement by seeking to have the agreement made the subject of a declaratory judgment action.
February 06, 2023 at 08:57 PM
8 minute read
In Texas, where property accrued during marriage is presumptively community property, couples have the right to engage in contracts prior to marriage to change the character of their property. Moreover, spouses may partition or exchange their community property after marriage and/or convert their separate property to community property.
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