Texas Marital Property Agreement Lawyers

Marital Property Agreements

 

 

The experienced Marital Property Agreement Lawyers at Nick Davis Law serving Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington and Surrounding Counties can help protect your separate and community property estate through Premarital and Postnuptial Property Agreements.

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Serving Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington & Surrounding Counties

Marital Property Agreements Lawyers in The Woodlands | Conroe, TX & Bryan | College Station, Texas

Marital Property Agreements in Texas enable spouses to limit the costs and exposure of a Texas divorce as well as to provide for asset protection planning against potential creditors.  Additionally, these Marital Property Agreements, if prepared correctly, allow spouses to address all essentially the terms of a future divorce should one occur.  The idea behind this is to limit the financial cost of a divorce, protect assets, and preplan the dissolution of the marriage without the emotion and the complications that normally occur when lawyers get involved.  

Martial Property Agreements allow spouses to define their rights to the marital estate and restrict the level of litigation that can occur in the event of a divorce.  While Marital Property Agreements tend to be topics that most fiancés and spouse wish to avoid, the potential upside and protection achieved by these carefully drafted Agreements are certainly worth participating in a few awkward conversations. 

At Nick Davis Law, our Marital Property Agreement Lawyers in The Woodlands | Conroe, Texas and Bryan | College Station will analyze the circumstances of your case and advise you on the legal options you have to preserve and protect your marital estate through the use of either a Prenuptial Agreement, a Conversion Agreement, or a Partition and Exchange Agreement.  This process can be simple or complex depending upon your goals and the extent to which the your spouse will agree to the terms in the agreement.  It is always awkward to enter into negotiations with your spouse or fiancé, but these process is usually necessary to achieve an agreement that both spouses are comfortable with that is transparent and clearly lays out the expectations throughout the marriage.  In many cases, to ensure the enforceability of the marital property agreements, and remove all doubt that a spouse was taken advantage of in the negotiation process, most couples will find it beneficial to each retain their own attorney to assist in the planning and drafting of the marital property agreement.  While all of this sounds like your marriage or engagement will be put through undue stress and doom your marriage, surprisingly, we find that, in the long run, many spouses report that having gone through this awkward process, tended to result in a greater feeling of trust with their spouse and overall feeling of security throughout the marriage.  

Marital Property Agreements are an extremely useful tool that all couples should explore, but it is crucial that these documents are careful prepared after extensive consideration of the goals of the parties involved.  Failure to prepare Marital Property Agreements can result in the agreements being set aside by the court which can completely unravel and void the agreements and leave assets, spousal maintenance, and child custody matters subject to expensive and stressful divorce litigation.  The experienced Marital Property Agreement Lawyers at Nick Davis Law serving Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington and Surrounding Counties can help plan and prepare and enforceable Marital Property Agreement for asset protection and divorce planning purposes.

Nick Davis Law offers all prospective Marital Property Agreement clients a Free Case Evaluation by phone or virtual conference as well as payment plans.  Contact our office at (936) 262-7474.

Types of Marital Property Agreements in Texas

Under the Texas Family Code, there are essentially 3 types of Marital Property Agreements which all contain a variety of costs and benefits and should be fully discussed with an experienced Marital Property Agreement attorney before entering into one.  The 3 forms of Marital Property Agreements in Texas are as follows:

  1. Prenuptial Agreement
  2. Conversion Agreement
  3. Partition & Exchange Agreement

To Learn More about your ability to enter into a Premarital or Postnuptial Agreement with your spouse in Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington & Surrounding Counties contact our experienced Texas Marital Property Agreement Lawyers in The Woodlands | Conroe, TX and Bryan | College Station to develop a strategy to protect your interest in Separate and Community Property.

Services

Marital Property Agreements We Help With

PreNuptial Agreements

Do you and your fiancé own significant assets that you desire to protect or detail how assets will be controlled during the marriage?  Additionally, do you want to have control over the terms of your divorce instead of letting high emotions and lawyers control the outcome of your divorce?  The experienced Prenuptial Agreement Lawyers at Nick Davis Law in The Woodlands | Conroe, TX & Bryan College Station can help plan and prepare your prenuptial agreement to protect your estate and reduce your risk in divorce.    

Conversion Agreements

Are you or your spouse considering transforming some or all of a spouse’s separate property into community property?  Seeking to engage in a form of asset protection and estate planning or attempting to provide a spouse with a form of security to make them comfortable with another spouse having a large separate property estate? There are a variety of reasons to consider a Conversion Agreement.  The experienced Conversion Agreement Lawyers at Nick Davis Law in The Woodlands | Conroe TX and Bryan College State can help explore the benefits of a Conversion Agreement for your Marriage.

Partition and Exchange

Considering turning Community Property into Separate Property for you or your spouse?  There are a variety of benefits and risks in entering into a Partition and Exchange Agreement, most of which revolve around some form of Asset Protection Planning Against Creditors, but these agreements must be fully considered and drafted carefully to avoid drastic consequences.  The experienced Partition and Exchange Lawyers at Nick Davis Law in The Woodlands | Conroe, TX and Bryan College State will explain the costs and benefits of entering into a Partition and Exchange Agreement and carefully prepare the agreement to protect your interests.  

FAQ

TYPES MARITAL PROPERTY AGREEMENTS

Prenuptial Agreement

Premarital agreements are used as a manner of identifying and confirming the property and liabilities of each party before for the marriage and to then define rights and obligations of the spouses after they marry.  Premarital agreements can address essentially any matter as long as it does not violate public policy, violate criminal laws, adversely affect a child’s right to support or defraud creditors.

Premarital Agreements can even allow the parties to provide for the terms governing the dissolution of there marriage should it ever occur.

Premarital Agreements are essentially contracts. As with any contractual negotiation, to ensure enforceability and reduce the ability of a spouse to later attack the agreement, it is always best for each party to have their own attorney to represent them in the preparation of the Premarital Agreement.

Basic requirements of a Premarital Agreement are as follows:

1) Must be in Writing

2) No Consideration is Required.

3) The date of the marriage does not have to be specified in the agreement.

4) Each part must have the ability to conduct a full financial evaluation of the a parties assets and liabilities

5) Must be signed prior to the Marriage

6) Must be Sworn

 

 

 

Conversion Agreements

The purpose of a conversion agreement is to transform (convert) separate property into community property.  This, of course, means that that spouse that is converting their separate property to community property is giving up substantial rights and exposing themselves to liability and potentially complete divestment of the property in the event of a divorce.  However, there are some benefits to entering into a conversion agreement.  The most common reason is for estate planning purposes which typically revolves around tax-planning benefits.  Additionally, converting separate property is a way for the wealthier spouse (that is the spouse with more separate property and potentially the higher earning potential) to distribute wealth to the “asset-poor spouse.”  This of likewise can help with estate planning and to also mitigate the potential to pay spousal maintainenace after the divorce if the it can be shown that the each spouse has enough assets to provide for their reasonable living needs.

A word of advice, be very careful in entering into a conversion agreement for estate planning purposes.  Once the agreement is entered into property that was once separate becomes community property and nothing can stop the other spouse from immediately filing for divorce at that point to capitalize on the newly created community property.

Partition and Exchange Agreement

Partition and Exchange agreements are similar to conversion agreements in that they are both known as a PostMarital Agreement, or PostNuptial Agreement.  Unlike the conversion agreement that converts separate property into community property, the partition and exchange agreement turns community property into Separate Property.

Partition and Exchange Agreements can be entereted into at anytime after the parties are married.

There are a number of reasons to enter into a Partition and Exchange Agreement.  One of which is Estate Planning especially when it comes to asset protection planning to remove community property that potential creditors of a spouse can obtain.  For instance, assume the parties live in Texas and have a home but also have another home in Florida.  In Texas, you can have one homestead that is exempt from creditors.  In this instance, the home in Florida could be seized by creditors.  But, if the spouses entered into a Paritition and Exchange Agreement converting the Texas house into one spouse’s separate property and turn the Florida house into the other spouse’s separate property, each spouse could claim these homes as there invididual homesteads and the creditors couldn’t get to the houses.

Another reason is to ensure that the marital estate is “community asset free” which allows for the spouses to reduce the cost of a divorce because there will not be a community estate to fight over and each spouse by law must be awarded the separate property they each own.

We Can Help

Payment Plans & Free Consult

Contact our office to schedule a Free Case Evaluation with experienced Marital Property Agreement Lawyers in The Woodlands | Magnolia, Texas and Bryan College Station, TX.  We regularly offer after-hour & Weekend phone consults so our client’s do not have to travel or take off work to speak with their Family Lawyer.

Our Marital Property Agreement Lawyers serving Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington & Surrounding Counties also understand that litigation can be expensive.  You shouldn’t have to compromise the quality of legal representation when it comes to your interest in marital property and your children. We strive to make exceptional legal representation in family law matters available to all which is why we offer payment plans to help in these difficult times.  Contact us to learn more.

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Nick Davis Law
2700 Research Forest Dr., #124
The Woodlands, Texas 77381
(936) 262-7474

The Woodlands, Texas

Nick Davis Law
26418 Oak Ridge Dr.
The Woodlands, TX 77380

(936) 262-7474

 

Bryan | College Station, Texas

Nick Davis Law
750 William D. Fitch Pkwy, Ste 210
College Station, TX 778455
(979) 417-2220
Business Hours

Mon - Fri  8:00 am to 6:00 pm

Our Mission

 

The Trusted Family, Divorce, Bankruptcy, CPS,  and Child Support Collection Lawyers at Nick Davis Law are dedicated to providing the best and most efficient representation possible to our clients to achieve their goals quickly and cost effectively.  The Family | Divorce | Bankruptcy | CPS | Child Support Collection Lawyers at Nick Davis Law maintain offices in The Woodlands, Texas and Bryan | College Station and serve all of Montgomery County, Brazos County, Walker County, Waller County, Grimes County, Washington County, Burleson County, San Jacinto County, Liberty County, Harris County, and surrounding counties.