Legal Question in Family Law in Texas

Post nuptial agreements

I don't want to sign a post nup agreement, but my husband said that if I don't he'll divorce me. Can I sign it now and fight it in court if we get divorced?


Asked on 6/16/06, 2:07 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Post nuptial agreements

You ask a very strange question.

If you won't sign and he divorces you, then the property will be divided by the law in the State of Texas.

Normally everything acquired during the marriage is community property.

Everything before the marriage or inherited is separate property.

If he's about to inherit money, it's his separate property if he keeps it separate from community funds. If he merges it, then it could become community funds.

I urge you to consult with an attorney.

If you sign the post-nup. agreement, it will be harder for you to fight "voiding" it in the future.

Our office would charge $250 for an one-hour consultation with an attorney.

www.familylaw4u.com

713.847.6000

Fran Brochstein

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Answered on 6/17/06, 10:54 pm


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