Protect your Assets with Marital Agreements


At CokerLegal, we do a lot of Premarital Agreements—“Prenups” and the post-marriage equivalent—Marital Property Agreements. We almost always recommend them to clients, especially clients going into a second or third marriage or getting married later in life. However, the simple fact is that the vast majority of our divorce clients do not have these types of agreements. While Texas Law provides for how to divide the community estates of married couples when no property agreements exist, one of the most common problems we encounter is proving what the Separate Property estate of one or both parties consists of at the time of divorce. What is Separate Property? In Texas, any property owned at the time of marriage, or received during marriage by gift or inheritance, is considered a party’s Separate Property. As Separate Property, it is not divisible at the time of divorce and is set aside for the party to whom it belongs. How is Separate Property Identified? It is the sole burden of … [Read More...]