Texas Prenuptial Agreements Legal Questions

There is no definitive legal answer to your question.  It is entirely up to you what you want to agree to pay.  Since you spend several months each year in the home, it can logically be argued that you should pay something for the use of his separate property home.  Exactly what, however, is up to you.  What do you think is fair and reasonable based on the amount of time you spend using the home each year?  ... Read More

You probably do need a post-nuptial agreement under the cicumstances.Because he purchased the home in his sole name before your marriage, it is most likely his separate property.  Since you contributed 50/50 and invested a great deal in improvements, you most likely would like to be compensated for your contribution and investment.  It's unclear whether your contribution and investment was made before or after your marriage.  If the latter, it is unclear whether your contribution and investment was made with community funds or your separate funds.  It is also unclear whether if property is being used as your marital homestead or is rented out.Since you did not address these issues in a premarital agreement, you probably should address them in a post-nuptial agreement.  Since you don't want the house, you should come up with a reasonable amount to compensate you for your contribution and investment, and a reasonable and fair way to insure that you receive such compensation.Similarly, any retirement benefits which accrued as a result of his work before your marriage is his separate property.  If he continued to woek after your marriage, that portion of any retirement would be community property.  Retirement benefits complicate divorces, may require a QUADRO, have tax implications, and usually require an experienced divorce attorney.  If he is relatively young and still working, you should come up with some sort of reasonable compensation for any community interest that may accumulate in his retirement account.  That can reduce the amount you may have to pay if you divorce to an attorney. ... Read More

The necessary elements to establish an informal, or common-law, marriage in Texas are:1.  An agreement to be married between the spouses,2.  Living together as spouses after such an agreement, and3.  "Holding out" each other as spouses after such an agreement.The parties may, but are not required to, register their informal marriage with the county clerk.The "agreement" is not required to be written.  It must, however, be "present", i.e. not "we are going to get married" but rather "we are married."... Read More

Yes. In Texas, when a couple divorces, all property they have is considered community property unless it was acquired by gift, by a Will or by inheritance. In this situation, your mom and dad were married when they built the house. The house and all other property they acquired would be subject to being divided in a divorce. Common law marriage is treated the same as ceremonial marriage in Texas in that the couple would need to get a formal divorce before they could marry someone else.... Read More