Texas separate property agreement form 2025

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The spouse who is claiming an asset as his/her separate property has the burden of proving that claim by clear and convincing evidence.
Property acquired during the marriage (outside of the noted exceptions) is considered community property. The spouses can, however, agree to convert (or transmute) community property into separate property. In Texas, this is done via a written agreement establishing a partition or exchange between the parties.
Filing for legal separation in Texas isnt possible, since Texas legal separation laws dont technically exist. So what does this mean for you if you just want a break from your spouse? One answer is that you could just separate for a short period of time without getting the law involved.
Every co-owner of an interest in the property (no matter how small) must agree in order for a voluntary partition to occur. The remedy when agreement cannot be reached is for one or more of the co-owners to seek a court-ordered division by means of a partition suit.