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PJC 207.3

E NFORCEABILITY OF P ROPERTY A GREEMENTS

PJC 207.3

Enforceability of Partition or Exchange Agreement

PJC 207.3A Enforceability of Partition or Exchange Agreement—Definition

At any time, spouses may partition or exchange between themselves all or part of their community property, then existing or to be acquired, as they may desire. Property or a property interest transferred to a spouse by a partition or exchange agreement becomes that spouse’s separate property. A partition or exchange agreement must be in writing and signed by both parties. PJC 207.3B Enforceability of Partition or Exchange Agreement—Voluntariness A partition or exchange agreement is unenforceable if the party against whom enforcement is requested proves that he or she did not sign the agree ment voluntarily. PJC 207.3C Enforceability of Partition or Exchange Agreement—Knowledge and Disclosure A partition or exchange agreement is unenforceable if the party against whom enforcement is requested proves that, before execution of the agreement, that party— 1. was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; and 2. did not voluntarily and expressly waive, in writing, any right to dis closure of the property or financial obligations of the other party beyond the disclosure provided; and 3. did not have and reasonably could not have had adequate knowl edge of the property or financial obligations of the other party. PJC 207.3D Enforceability of Partition or Exchange Agreement—Question QUESTION 1 Is the partition or exchange agreement unenforceable?

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