{"id":2882,"date":"2024-08-28T17:02:32","date_gmt":"2024-08-28T22:02:32","guid":{"rendered":"https:\/\/www.mcclure-lawgroup.com\/blog\/?p=2882"},"modified":"2024-11-08T10:33:57","modified_gmt":"2024-11-08T16:33:57","slug":"property-division-pursuant-to-texas-premarital-agreement-turns-on-interpretation-of-their","status":"publish","type":"post","link":"https:\/\/www.mcclure-lawgroup.com\/blog\/property-division-pursuant-to-texas-premarital-agreement-turns-on-interpretation-of-their\/","title":{"rendered":"Property Division Pursuant to Texas Premarital Agreement Turns on Interpretation of “Their”"},"content":{"rendered":"

Property\u2019s characterization as either separate or community property in a Texas divorce is generally determined by its character at inception.\u00a0 The Texas Family Code includes a presumption that property either spouse possesses during or on dissolution is community property.\u00a0 Tex. Fam. Code \u00a7 3.003(a).\u00a0 The Code defines \u201ccommunity property\u201d as the property acquired during the marriage by either spouse, except separate property.\u00a0 \u00a7 3.002.\u00a0 Personal income and income produced by separate property is generally community property.\u00a0 Spouses may, however, enter contracts changing their rights and obligations with regard to property. Although premarital agreements are contracts and generally interpretated according to the rules of contract interpretation, they are narrowly construed in favor of the community estate. A former husband recently appealed<\/a> the property division in his divorce, argued the court had failed to apply the terms of the premarital agreement.<\/p>\n

Premarital Agreement<\/strong><\/p>\n

The parties had signed a premarital agreement two days before their wedding.\u00a0 The husband drafted the agreement based on a form from the internet.\u00a0 The agreement was partially typed and partially handwritten.\u00a0 The agreement included a Separate Property Provision that provided that the separate property each party brought to the marriage would stay their separate property.\u00a0 It also included an Acquired Property Provision that provided, \u201cAll property acquired by each during the marriage shall be deemed [th]eir property.\u201d The agreement also stated that the husband\u2019s 401(k), along with \u201cincome profits, Deferred Retirement Option (D.R.O.P.) or any benefits of any kind accruing from it\u201d would remain his separate property.\u00a0 The agreement further provided that the wife\u2019s \u201cpersonal income or retirement will remain her separate property.\u201d<\/p>\n

The dispute was over the meaning of the Acquired Property Provision, specifically related to the marital home and a vehicle. The husband bought the house four years into the marriage with funds received from the sale of a house in Hurst, Texas, he had purchased with his separate property in 2006.\u00a0 The parties had lived in the home in Hurst from 2006 until 2014. The wife said she paid for improvements to both.<\/p>\n

Continue Reading \u203a<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Property\u2019s characterization as either separate or community property in a Texas divorce is generally determined by its character at inception.\u00a0 The Texas Family Code includes a presumption that property either spouse possesses during or on dissolution is community property.\u00a0 Tex. Fam. Code \u00a7 3.003(a).\u00a0 The Code defines \u201ccommunity property\u201d as the property acquired during the […]<\/p>\n","protected":false},"author":11,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[22,27,86],"tags":[],"class_list":["post-2882","post","type-post","status-publish","format-standard","hentry","category-prenuptial-agreement","category-property","category-separate-property"],"yoast_head":"\nProperty Division Pursuant to Texas Premarital Agreement Turns on Interpretation of "Their" — Texas Divorce Attorney Blog — August 28, 2024<\/title>\n<meta name=\"description\" content=\"Property\u2019s characterization as either separate or community property in a Texas divorce is generally determined by its character at inception.\u00a0 The Texas — August 28, 2024\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, 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