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    OLDWESTERN's Avatar
    OLDWESTERN Posts: 2, Reputation: 1
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    #1

    Jan 12, 2012, 02:53 AM
    Family Law
    My wife has written a paper in her own handwriting and signed and dated this paper. The paper states that she DOES NOT want any investment/retirement money,any property or anything else from me.Will this paper hold up in divorce court and allow me to keep everything,especially all my retirement accounts?We live in Texas.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jan 12, 2012, 04:39 AM
    Only is she affirms this paper in court. Property division is a matter of negotiation in a divorce. Even in community property states where a spouse is entitled a share in community property, its not a requirement that the share be awarded. A spouse can waive their rights to it.

    But if you bring such a paper into court as proof that your wife should get nothing the court will require that she appear in court to affirm the paper or be deposed outside of court. The court will want proof that she willingly and competently is waiving her rights.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 12, 2012, 08:52 AM
    Not if she does not accept it in court.

    Prior to marriage, you and her would need to have signed a agreement on things then. Also that would not effect things gained during the marriage.

    So no it has little value.
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