Legal Question in Family Law in Texas
Wife is not sticking to Post-Nuptial agreement clarifying property ownership.
3 years ago, during a rocky patch in our marriage, my wife and I signed a legal contract (duly notarized and witnessed) which clarified ownership of separate property. In particular I wanted to protect myself so that she could have no claim to the family residence which I paid the full deposit for, all mortgage payments, taxes and maintenance costs. The contract has a sunset clause which terminates the contract by April 1, 2012 if no divorce has occurred by then.
My marriage is still somewhat rocky and I'm concerned that my Wife is waiting for the contract to expire and then will initiate divorce proceedings at her leisure in order to make a 50% claim against this property. I live in Texas where we have community of property marriage laws.
The contract clearly allows me to "transfer any apparent title to such residence to [the husband] upon presentation of an appropriately drafted deed" (her name appears on the present title document of the house) but after verbally discussing this with her recently she says she will not sign any such title change.
I want to keep working on my marriage, I don't want a divorce but I do want her to sign a Quit Claim to the house so that I am protected against a claim to this house during a possible divorce in the future.
My questions are:
1. If I was to do nothing now and if we were to get a divorce at a later date would this expired contract provide any help/evidence for me when it comes to making a case to the court working out a divorce settlement i.e. to have the property remain as separate property and not communal property (even though her name is on the title and it specifically states in the contract that "any action for divorce filed in Texas thereafter [expiration of contract] will proceed pursuant to the provisions of the Texas Family Code") ?
2. If I choose to insist that our post-nup be honored how would I go about formally (so that I have legal proof) requesting her to sign a Quit claim document so that I am protected should a divorce happen after April 1 ? (Note - knowing that the deadline is drawing near I doubt she would sign for a simple Registered letter, she would likely stall for time).
Thankyou.
1 Answer from Attorneys
It is difficult to answer your questions without reviewing the contract. I suggest you have a family law attorney review the agreement to see if it is even enforceable and to discuss your options.
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