Marital Agreements

The right to enter into a Marriage has been much in the news lately.

So it is a good time to review what every person entering into a marriage in Texas should consider – both before and after the happy event.

Your marriage license creates a legal relationship of rights and duties between you and your spouse. It’s basically a partnership agreement with the government writing the terms.

All of your property is presumed to be “community property” after you marry. Think about it as being “ours” – you skip over the “yours” and “mine” after you say “I do.”

Not so with your debts. After you marry, you still have your debts. You also are presumed to have all of the debts that you or your spouse accumulate after the date of marriage.

The same government that declares you married can declare you divorced. It can also declare that you owe spousal support, that your former spouse get an inequitable division of property (70% anyone?), and that your business should be put into a receivership and sold.

You don’t have to let the government define the terms of your marriage. You can enter into your own written marital agreement that defines community property, community debt, and support and property division upon divorce.

Hammerle Finley Law Firm. Give us a call. We can help.

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The information contained in this article is general information only and does not constitute legal advice.