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Can my husband provide statement to give up rights to my 401K and stock options?

Asked over 2 years ago - Houston, TX

I will soon be filing for divorce. My husband has verbally agreed to give up any rights to my 401k and stock options. He is willing to provide and sign a statement to that effect. Will a signed statement be legally binding and if so, what elements should the statement include?

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Attorney answers (1)

Kevin L. Colbert

Reputation Level 13

Answered over 2 years ago. Lawsuit / Dispute Attorney in Houston, TX.

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The statement would be an agreement to partition communtiy property. To be enforceable, the agreement must state it is a partition and that it is the express intent of the parties to partition the property. The agreement must be in writing, signed by the parties voluntarily and provide a fair and reasonable disclosure of the property. Your husband must voluntarily and expressly waive any and all interest in the 401k and the stock options.

This answer is intended for eduacational purposes and does not constitute legal advice nor the formation of an attorney-client relationship.

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