A Texas married couple signs a marital property agreement (also called a post-nuptial agreement) converting their community property home into the husband's separate property. Under the Texas Family Code, what requirements must be met for this agreement to be enforceable?
Correct Answer
C) The agreement must be in writing and signed by both spouses; recording is not required for validity between the parties
Under Texas Family Code §4.102 and §4.104, a marital property agreement (partition or exchange) must be in writing and signed by both spouses. The agreement is enforceable between the parties upon execution. While recording may be necessary to protect against third-party claims, it is not required for validity between the spouses.
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Under the Texas Family Code, which of the following actions does NOT require the joinder of both spouses when dealing with community property?
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A Texas husband incurs $50,000 in credit card debt during the marriage without his wife's knowledge. The creditor seeks to collect against community property. Under Texas law, can the creditor reach community property to satisfy this debt?