Legal Question in Family Law in Texas
Prenuptial Agreement
I am getting married soon and own a lot of property from my previous marriage (including 2 income-producing rental houses.) My fiance and I use this income, in addition to our paychecks, to pay our bills and we pay the mortgages out of joint money as well. we have discussed prenuptial agreements and both agree that, in the event of a divorce, the houses (as well as equity in them) will be mine and the issue of the comingled money will be even at that point. do we need to have an attorney draw up a prenuptial agreement to state this, or can we draw something up on our own that will be legally binding? Thanks for your help.
1 Answer from Attorneys
Re: Prenuptial Agreement
You absolutely, unequivocally, need an attorney to draw up an agreement for you. Not only is this a technical and confusing area of Texas law, but in its last session, the legislature enacted substantial changes in the law relating to reimbursement, yet another technical area pertaining to the community estate's rights concerning your rental houses.