Binding Agreement? -- husband and wife signed a piece of paper

[jess1986]

If husband and wife signed a piece of paper stating that husband was giving his wife half of the house during the marriage, is that a binding agreement and will she be able to get half the house during the divorce. The issue is in Texas

[AFFA]

I wish to inform you that agreement made between husband and wife may not be binding. In this if agreement was made before divorce and not in divorce proceedings then agreement is invalid because it is lacking consideration and if agreement is made in divorce then agreement is enforceable only after court approves it. As agreement is not approved from court therefore you may object to agreement.

AFF

[Friend In Court]

Parties may make agreements between themselves before, during and after marriage. Agreements to convey property must be in writing, which this couple satisfies -- at least as to intent to convey. Between family members "love and affection" is adequate: there need not be monetary consideration as otherwise would be required in arms length transactions. The proper way to be sure everything is complete is to execute a proper deed, however, so their agreement is open notice to the entire world that the wife has an interest in the property.

People enter into prenuptual agreements and make agreements as to the ownership of property, pre and post nuptuals. They may do so afterwards as well as long as the agreement is not an unconscionable or unfair one.

The signing of the paper shows intent, promise which may have other considerations behind it to make that bargain so I would not assume that it would not be enforceable upon dissolution of the marriage. Texas law on division of property will come into play and the agreements and promises between the parties should also be taken into consideration.