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. Pat White has represented clients going through divorces throughout Tarrant County including Fort Worth, Benbrook, Lake Worth, Eagle Mountain, Saginaw, Blue Mound, Weatherford, Azle, Granbury, Aledo, and Surrounding Areas for over 40 years. 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.
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.
Give Pat White Attorneys at Law a call if you need legal assistance with Dower Contracts. Our Fort Worth family law attorneys handle cases in Tarrant County including Fort Worth, Benbrook, Lake Worth, Eagle Mountain, Saginaw, Blue Mound, Weatherford, Azle, Granbury, Aledo, and Surrounding Areas. Call or provide more information in our online contact form on your specific Dower Contract situation or questions.
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