Texas Family Code - Section 4.105. Enforcement
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§ 4.105. ENFORCEMENT. (a) A partition or exchange
agreement is not enforceable if the party against whom enforcement
is requested proves that:
(1) the party did not sign the agreement voluntarily;
or
(2) the agreement was unconscionable when it was
signed and, before execution of the agreement, that party:
(A) was not provided a fair and reasonable
disclosure of the property or financial obligations of the other
party;
(B) did not voluntarily and expressly waive, in
writing, any right to disclosure of the property or financial
obligations of the other party beyond the disclosure provided; and
(C) did not have, or reasonably could not have
had, adequate knowledge of the property or financial obligations of
the other party.
(b) An issue of unconscionability of a partition or exchange
agreement shall be decided by the court as a matter of law.
(c) The remedies and defenses in this section are the
exclusive remedies or defenses, including common law remedies or
defenses.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
Section: 4.008 4.009 4.010 4.101 4.102 4.103 4.104 4.105 4.106 4.201 4.202 4.203 4.204 4.205 4.206
Last modified: August 11, 2007
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