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#772897 - 01/11/17 06:33 PM Would agreement be upheld by judge
MaxNDallas Offline
recently joined

Registered: 01/11/17
Posts: 2
If my wife and I came to some sort of agreement on property splits etc, would the judge uphold it?

Here's the situation, I paid 90% of the cost of our house and since buying it, the value has gone up maybe $80,000.

So the house in now worth $300k - my wife says she'll be happy with her share plus her share of the value the house went up, so that means she'd get $25K + maybe another 10K.

I guess Texas law states 50/50 of marital income but a lot of the house was paid for with money I had before the marriage. She's doing this to be fair.

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#772899 - 01/11/17 08:10 PM Re: Would agreement be upheld by judge [Re: MaxNDallas]
TJMH Offline

enthusiast

Registered: 07/17/15
Posts: 347
If you litigate the divorce and ask the court to decide on your property division, the baseline will be a 50/50 split according to community property law.

But if the two of you agree that a different division is fair and submit it as a marital settlement agreement, the court would probably just accept it with no further questions asked.

You'd probably want to make sure the settlement agreement specified that each of you is entering into it freely without any coercion or duress.

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