Q: Why does our prenup not supersede this law? Will my spouse signing this impact them fiscally?
Signed prenump, no community property exists and yet my spouse is being asked to sign off on title of home that belongs solely to me. Title company lawyer is citing this law: Sec. 5.001
Sale, Conveyance, or Encumbrance of Homestead
A:
A prenuptial agreement can waive a spouse’s homestead rights in property. There are, however, very specific requirements.
Just because you agreed that the homestead property is your separate property standing alone does not waive your spouse’s homestead rights in such property.
The attorney who drafted your prenuptial agreement likely carefully considered your particular goals and situation. Some couples do not want an intended spouse to lose homestead rights in the event of the home owner’s death for various very good reasons.
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