Tex.
Fam. Code Section 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.
Source:
Section 4.105 — Enforcement, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.4.htm#4.105 (accessed May 18, 2024).
