Marr. of Evans

This appeal presents a question of first impression about the Family Code provisions that require spouses who are dissolving their marriage to exchange declarations of disclosure of assets and liabilities. Specifically, is a property settlement agreement valid and enforceable when executed by spouses (1) after they have separated but before a petition for dissolution of marriage has been filed and (2) without an exchange of disclosure declarations?

In this case, the spouses entered into a written agreement to resolve the property rights to their residence. The husband agreed to buy out the wife’s interest for one-half the value of the equity. When they signed the agreement, they were separated, but a petition for dissolution of marriage had not been filed. The husband now contends the agreement is unenforceable because they did not exchange disclosure declarations before signing the agreement.

The trial court ruled the agreement was enforceable because the Family Code did not require disclosure declarations be exchanged before a petition was filed. The court stated the terms of the agreement would be incorporated into the judgment of dissolution of marriage that divided…