PARTITION AGREEMENT

Texas law provides that spouses can agree to partition their community estate into two separate estates. The document that accomplishes that is referred to as a ‘partition agreement’, a ‘post-nuptial’, an ‘ante-nuptial’, or a ‘post-marital’ agreement. It has the same effect as a prenup.

There are various reasons that spouses may choose to execute a partition agreement. Some do it because of marital difficulties and the desire to remove the stress and distraction of worrying about the financial future. It allows them to focus on the marriage. A partition agreement also removes the requirement to think strategically about whether you should file in court before your spouse does. Others do it to protect assets from the risk associated with a spouse’s business venture. Some do it because of a spouse’s spending habits.

Regardless of your reasons, if you would like to discuss a partition agreement please contact me via email or by phone.

Because a partition agreement divides a community estate into two separate estates each one is unique and there is no basic package available. The cost depends on the complexity of the estate and the agreement between the parties. I offer a consultation via phone for $250 per hour, prorated for the portion of the hour actually used. If you employ me to draft your prenup the consultation fee will be included within the cost of the document.

To learn more about partition agreements please click on the tabs for Texas Marital Agreements and the FAQ’s. To learn about me, Brian McNamara, click on my name, above.