Texas Family Code

§ 4.105 — ENFORCEMENT

FA § 4.105Title 1. THE MARRIAGE RELATIONSHIP · Part B. PROPERTY RIGHTS AND LIABILITIES · Ch. 4. PREMARITAL AND MARITAL PROPERTY AGREEMENTS · Art. B. MARITAL PROPERTY AGREEMENT

Statute text

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(a)A partition or exchange agreement is not enforceable if the party against whom enforcement is requested proves that:

(1)the party did not sign the agreement voluntarily; or

(2)the agreement was unconscionable when it was signed and, before execution of the agreement, that party:

(A)was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;

(B)did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and

(C)did not have, or reasonably could not have had, adequate knowledge of the property or financial obligations of the other party.

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Legislative history

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.