(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.
Tex. Fam. Code ยง 4.105
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
