Dower Contracts and a Texas Divorce

Some cultures and religions continue to honor the ancient tradition of the dower, and this can become an issue in dividing assets in a Texas divorce. The Law Office of Bryan Fagan has represented clients going through divorces throughout Harris County including Houston, Northwest Houston, Champions, Spring, Tomball, Klein, the FM 1960 area, as well as The Woodlands and Conroe in Montgomery County. Our family lawyers have experience when it comes to working with dower contracts as they relate to dissolution of a marriage.

At common law and under the laws of several states, the concept of a contract whereby a husband is to pay a wife a certain amount of money upon divorce is considered against public policy. The reason behind this concept is that such a contract is said to encourage divorce.

Premarital Agreement | Postmarital Agreement

Under the Texas Family Code, there are at least two statutes that support the enforcement of dower agreements. If the circumstances surrounding the formation of a dower agreement comply with all of the requirements of one of these sections, there is a presumption in favor of the dower contract. The first statute that can be used to support dower contracts is the section defining a premarital agreement. In general, a premarital agreement is an agreement made in writing, before marriage, made in contemplation of marriage that is specific enough that the parties and the court can clearly ascertain its terms. If the court finds that a dower agreement meets all of the requirements for a premarital agreement, there is a presumption in favor of enforcing it.

The second pertinent statute is the section defining post marital agreements, such as a partition and exchange agreement. The statutory requirements for a post marital agreement are more stringent than for a premarital agreement. However, if the dower contract was entered into after marriage and complies with the other requirements of the statute, there is again a presumption it should be upheld. The Texas Legislature enacted these statutes in order to allow future spouses and spouses to define their own marital property rights, and they can be used by a knowledgeable attorney to persuade a court to enforce dower agreements in a divorce proceeding.

Ebook

If you want to know more about what you can do, CLICK the button below to get your FREE E-book: 16 Steps to Help You Plan & Prepare for Your Texas Divorce

Other Articles you may be interested in:

  1. Should I sign a Texas Premarital or Prenuptial Agreement?
  2. Common Questions about Texas Prenuptial and Marital Agreements
  3. Making Postnuptial Agreements Stick in a Texas Divorce
  4. Attacking the Enforceability of a Premarital Agreement in a Texas Divorce
  5. My Fiancé wants me to sign a Texas Prenup. What should I do?
  6. Can I sue my spouse's mistress in Texas?
  7. When is, Cheating Considered Adultery in a Texas Divorce?
  8. 6 things You Need to Know Before You File for Divorce in Texas
  9. Texas Divorce Morality Clause: Be Careful What You Ask For
  10. What does Insupportability or No-Fault in a Texas Divorce Mean?

Law Office of Bryan Fagan | Spring Divorce Lawyers

The Law Office of Bryan Fagan routinely handles matters that affect children and families. If you have questions regarding divorce, it's important to speak with one of our Spring, TX Divorce Lawyers right away to protect your rights.

Our divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan handles Divorce cases in Spring, Texas, Cypress, Spring, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.

Comments

No Comments Posted
  • Frequently Asked Questions

    Our blog features a wealth of knowledge pertaining to some of the most frequently asked family law questions.

    Read More
  • Sign Up For Our Free E-Course

    Click here to sign up for our free E-Course on Divorce! It has been specifically created to help people who are considering divorce and wish to learn more about the divorce process

    Sign Up Now
  • Schedule Your Free Consultation Now

    Schedule a risk-free consultation today and we can assess your case.

    Book Now
  • Meet With a Finance Specialist

    Discuss payment plan options and more with a finance specialist.

    Get Started Now

Contact Us

Law Office of Bryan Fagan
Spring Divorce Attorney
Located at: 17101 Kuykendahl Rd,
Houston, TX 77068
View Map
Phone: (281) 810-9760
Office Hours:
Mon-Fri 8 AM – 6 PM
Saturday- By Appointment Only
Website:
© 2017 All Rights Reserved.

Disclaimer

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.