During their marriage, Susan and Robert enter into a written agreement partitioning their community property, converting their jointly-owned rental property into Susan's separate property. Under the Texas Family Code, is this agreement valid?
Correct Answer
B) Yes, because spouses may enter into a written partition or exchange agreement converting community property to separate property under Texas Family Code §4.102
Under Texas Family Code §4.102, spouses may enter into a written agreement to partition or exchange community property, converting it into the separate property of one or both spouses. This agreement must be in writing and signed by both spouses. It is valid without court approval and can be done during marriage, not just during divorce.
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Under the Texas Family Code, what is the legal presumption regarding property acquired during a marriage in Texas?
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A license holder is working with a married buyer who wants to purchase an investment property using only funds from a pre-marital savings account. The buyer's spouse is not involved in the transaction. Under Texas community property law, what should the license holder advise?