My wife and I live in California, and plan to buy a 2nd home in Tx. Can she sign a affidavit to give up her rights and/or interest in property in a common law state?
by 
lucky01
ANSWERS: 2
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I don't know about TX but AZ is a common law state. Here, we have something here called a Disclaimer Deed that the spouse can sign to say the other spouse acquired the property separate from them with their own money.
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First off, all states except Louisiana are common law states. I think you mean "community property" state. Secondly, what you are talking about is essentially a postnup. It is legal so long as you create a valid contract. The two major impediments that come to mind are consideration and unconscionability. A contract without consideration is not valid. Consideration essentially means that both sides must give up something. For example, if you told me to sign a document promising to give you everything I own, this would not be a contract. Rather, it would be a promise to give a gift, which can be rescinded at anytime before delivery. It is not a contract because I have not given consideration.
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