Sec. 4.106. RIGHTS OF CREDITORS AND RECORDATION UNDER PARTITION OR EXCHANGE AGREEMENT. (a) A provision of a partition or exchange agreement made under this subchapter is void with respect to the rights of a preexisting creditor whose rights are intended to be defrauded by it.
(b) A partition or exchange agreement made under this subchapter may be recorded in the deed records of the county in which a party resides and in the county in which the real property affected is located. An agreement made under this subchapter is constructive notice to a good faith purchaser for value or a creditor without actual notice only if the instrument is acknowledged and recorded in the county in which the real property is located.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Structure Texas Statutes
Title 1 - The Marriage Relationship
Subtitle B - Property Rights and Liabilities
Chapter 4 - Premarital and Marital Property Agreements
Subchapter B. Marital Property Agreement
Section 4.102. Partition or Exchange of Community Property
Section 4.103. Agreement Between Spouses Concerning Income or Property From Separate Property
Section 4.106. Rights of Creditors and Recordation Under Partition or Exchange Agreement