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Premarital Agreements
Premarital Agreement Resolution in Dallas, Collin, Denton, and Tarrant Counties
Congratulations on taking those first steps into your bright, new future with that special someone. Starting a family should be a wonderful, exciting, happy time for everyone.
Sometimes, to ensure that the process is carefree and untroubled, some proper planning regarding you and your property needs to take place before the vows, to avoid any future problems and address some eventualities that can spring up along the way.
Texas is a ‘community property’ state, which is the basic rule regarding the property of a married couple. Essentially, it is presumed that all property acquired by a married couple during marriage (regardless of whose name is on the title to the property) is owned equally, half and half, by the spouses. That presumption can make property transfer and division tricky.
To complicate matters, property owned before the marriage is a spouse’s ‘separate’ property. But, oddly enough, under the community property rules, the income from that separate property may be community property.
Premarital agreements allow spouses to, before the ‘I do’s’, discuss and get an idea of the financial situation of both parties, so no one walks into the marriage and gets surprised later. In addition, these agreements allow spouses to, if they want, arrange how their property will be divided upon divorce. And, the married coupe can decide how they characterize their income from any source.
Of course, premarital agreements aren’t for everyone, and they are the least romantic aspect of family law, but everyone should consider them and the protections they provide.
Call us or email to set up a consultation, let us help you protect yourself and your property.
