Can a married couple in a community property sign a release for claims against the other spouse's property?
Question Details: We are TX residents and have been separated for 6 years. It would not be prudent for us to get a divorce at this time. However, we need to sign a release agreement against for all claims against the other partner's assets/property until the time of divorce. Is such a form available?
It is possible to enter a post marital agreement to release claims and divide or change the character or property. So, yes, you can potentially hire an attorney to draft this agreement for you. However, these type of agreements are heavily scrutinized by the trial and appeals courts. If and when you and your spouse file for divorce, the trial court can accept the agreement....however, you run the risk of the agreement being voided on a technicality. Just keep this in mind as you move forward.
If it's not prudent for you and your spouse to divorce because of costs, then you may want to explore cheaper options for a divorce. Many counties now have free legal clinics that work people through the divorce process so that they can finalized their divorce actions. Consider calling your local district clerk and see if such a clinic is available in your area.
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