PREMARITAL AGREEMENT
THIS PREMARITAL AGREEMENT (“Agreement”) is made and entered into by Ricky
Ramano Respondent (“Ricky”), a single man, who resides at 13447 Cranbrook Dr., Houston,
Harris County, Texas, born on August 11, 1987, with the Social Security No. XXX-XX-4888, and
Paula Petty Petitioner (“Paula”), a single woman, who resides at 5613 New Stone, Spring, Harris
County, Texas, born on March 6, 1988, with the Social Security No. XXX-XX-3792 (sometimes
referred to singularly as “Party” or collectively as “Parties”), with reference to the following facts:
A. This agreement is entered into in consideration of marriage. The effectiveness of the promises
contained in this Agreement is expressly conditioned on the occurrence of the marriage
between Ricky and Paula actually taking place. This Agreement will take effect on the parties’
completion of all legal formalities required for the recognition of a marriage. If, for any reason,
the marriage does not take place, this Agreement will be of no force or effect.
B. Ricky and Paula, who are each presently unmarried, intend to be married in July 2021 in the
State of Texas.
C. Ricky was formerly married to other persons, but this former marriage has been terminated by
a final judgment of marriage dissolution. Neither Ricky nor Paula has any children.
D. Neither Ricky nor Paula now has any right, title, claim, or interest whatsoever in or to the
property or income of the other by reason of their nonmarital relationship, or otherwise, and
neither party is indebted to the other.
E. Each party acknowledges and represents to the other, for the other to rely on in entering into
this Agreement, that each party considers the execution of this Agreement a material
inducement and consideration for each party’s actual entry into their marital relationship so
that each party can avoid any potential future uncertainties and disagreements with regard to
each party’s rights and obligations with regard to the property matters covered by this
Agreement.
F. To the extent that this Agreement provides for the handling, allocation, valuation, or
distribution of assets in a manner other than that presently or hereinafter provided by the law
in the state where they may then be living, it is the intent and specific desire of each party that
the terms and provisions of this Agreement shall control and be absolutely binding on the
parties.
G. Both parties are fully informed and recognize and understand that this Agreement is a
premarital agreement as defined by TEX. FAM. CODE §4.001(1), and authorized by the TEX.
CONST. Art. 16, §15, and understand and intend that the provisions of this Agreement alters
what each party’s marital-property rights would be without this Agreement and what claims
each party may maintain against the other and against property rights or interests of the other
party. Accordingly, this Agreement alters ownership and distribution of assets and rights upon
cessation of the party’s marriage by death or divorce.
EACH PARTY IS AWARE THAT UNDER THE LAW, COURTS HAVE THE AUTHORITY
TO IGNORE THIS AGREEMENT UNDER CERTAIN CIRCUMSTANCES
IF ANY SPOUSE IS IMPOVERISHED AND THE OTHER IS NOT.
NOW, THEREFORE, in consideration of the foregoing, and of the terms, covenants,
and conditions contained in this Agreement, Ricky and Paula agree to the following:
ARTICLE 1. PURPOSE
Intent to Define Property Rights
1.01.
Ricky and Paula intend and do by this Agreement define, designate, and set apart
the respective rights of each in the property, income, assets, and liabilities that each party brings
to the marriage and may thereafter acquire as separate property. The parties agree that, except as
may expressly be set forth in this Agreement, all property, real or personal, owned by either of
them at the time of the contemplated marriage, from whatever source, including any growth in the
property, whether or not due to the efforts of one or both of the parties during the marriage, shall
be and remain the separate property of the person who initially owned or subsequently acquired
the property, so that each party will own all of the property that the party would have owned as if
the party had remained unmarried. Ricky and Paula further intend to set forth methods by which
their respective community and separate property interests may be determined after the marriage
is terminated by any cause.
Intent to Provide for Spouse
1.02.
Ricky desires and intends to make a fair and adequate provision for Paula.
ARTICLE 2. RECITALS
Disclosure of Property
2.01.
Ricky and Paula are satisfied that each has made complete disclosure of the nature,
extent, and probable value of all of his or her real and personal property and tangible and intangible
assets as well as complete disclosure of the nature and extent of his or her financial obligations.
Binding Agreement
2.02.
Parties’ rights with respect to the property owned by either of them at the time of
the contemplated marriage or acquired during marriage to each other shall be subject to the terms
of this Agreement. The parties enter into this agreement in consideration of marriage. The
effectiveness of this agreement is expressly conditioned on the occurrence of their marriage. If for
any reason the marriage does not take place, this agreement will be of no force or effect.
Representation by Independent Counsel
2.03.
Ricky and Paula make this agreement freely and voluntarily. Each party has had
the advantage of representation by separate counsel in the negotiation of this agreement. Paula
acknowledges that she freely chose Richard “Racehorse” Hanes to act as her own legal counsel,
that she has read this agreement, and that her counsel has explained to her the meaning and legal
consequences of this agreement. Ricky acknowledges that he freely chose Johnny Cochran to act
as his own legal counsel, that he has read this agreement, and that his counsel has explained to him
the meaning and legal consequences of this agreement.
ARTICLE 3. AGREEMENTS
Separate and Community Property
3.01.
Property of Ricky. The assets and property interests listed in the attached Schedule
A are and will remain throughout the marriage the separate assets and property interests of Ricky.
3.02
Property of Paula. The assets and property interests listed in the attached Schedule
A are and will remain throughout the marriage the separate assets and property interests of Paula.
3.03
Properties acquired by gift, devise, etc. All property, both real and personal, that
either party receives during the marriage by gift, devise, bequest, or inheritance will be the separate
property of the recipient.
3.04
Personal injuries. Any recovery for personal injuries sustained by a party during
the marriage, including any recovery for loss of earning capacity or for medical expenses, will be
the separate property of the party suffering the personal injuries.
3.05
Increases and income from separate property. The following property derived
from separate property will remain the separate property of the party who owns the original
property before the marriage: (a) property that is traceable to separate property owned before
marriage, (b) property that is acquired during the marriage from separate funds, (c) property that
is received in exchange for separate property, and (d) property that is purchased with proceeds of
the sale of separate property.
3.06
Each party has the full, free, and unrestricted right to manage his or her own
separate property, including, without limitation, the right to convey or encumber it, to dispose of
it by sale, gift, or otherwise, and to deal with the property without taking into consideration any
rights or interests of the other party. If the joinder of both parties is required in connection with
any document desired to be executed by one party with respect to that party’s separate property,
the other party will on request execute any document necessary to effectuate the desires of the
owning party, without acquiring any personal liability under the document.
Liabilities Existing at Marriage
3.07.
All the liabilities and obligations of each party that exist at the time of this
agreement, as well as all contractual liabilities of each party that are incurred or arise after the date
of this agreement, shall be enforceable against and discharged from the separate property of the
party incurring the liability or obligation. None of these liabilities or obligations shall be
enforceable against or dischargeable from the property of the other party. For this purpose, each
party shall save and hold the other party harmless from, and indemnify the other party against, all
liabilities and obligations incurred by the indemnifying party. Satisfaction of these liabilities and
obligations by the indemnifying party shall be made out of the separate property of that party.
Future Credit Transaction
3.08.
Each party desires to enter into credit transactions without the other party’s express
approval or joinder. To achieve this, Ricky and Paula make the following agreement about future
credit transactions in which (1) a party enters into a transaction in which credit is extended to the
party, without joinder of the other party, or (2) a party becomes liable or obligated for the
repayment, contingent or otherwise, of credit extended by any third party. In the event of either
type of transaction, the liability or obligation of the debtor for repayment of principal and payment
of all penalties, interest, costs, attorney’s fees, or other charges relating to the liability or efforts to
collect or defend against collection of the liability shall be satisfied wholly from that party’s
separate property. The debtor shall hold the other party harmless from the obligation and shall
indemnify the other party if he or she is ever required to satisfy it. On termination of the marriage
for any reason, neither party waives any right to claim reimbursement for the expenditure of his or
her separate property to repay the obligation. The assets, if any, acquired without the other party’s
express approval or joinder through such a credit transaction shall be and remain the separate
property of the debtor unless the parties agree otherwise in writing at or after the time the assets
are acquired. However, if the party who did not incur the obligation shall be found liable or shall
otherwise be required to satisfy all or any part of that obligation out of his or her separate property,
then that party shall have a lien (in the amount of that payment) against the separate property that
the debtor acquired in the transaction, to secure repayment of all amounts that he or she was found
liable for and actually paid.
Separate Property Bank Accounts
3.09.
Each party has designated and may in the future designate certain banks, savings
and loan associations, and other financial institutions as his or her agents to identify certain
separate property that presently exists or may be acquired in the future by administering accounts
or other deposits in the name of the respective party. All funds that are deposited to the separate
accounts of the parties and the income from them will be identified as the separate property of the
party in whose name the funds are held or deposited. Ricky and Paula may deposit funds received
as income from their separate property into one of their separate accounts, and on deposit, as on
receipt, the funds shall be the property of the party who deposited the funds. The parties hereby
instruct any bank holding such funds on deposit as provided in this paragraph that the funds are
the separate property of the party in whose name the deposit is made as provided in this paragraph.
From time to time Ricky or Paula may require the other to execute a written acknowledgment of
the partition effected by this agreement (or a partition of the funds deposited into such account)
and the separate nature of the property. Neither party will unreasonably withhold such written
acknowledgment; however, failure to obtain such acknowledgment shall not affect the separateproperty character of the funds.
Community Property Household Account
3.10.
Ricky and Paula contemplate that they may establish from time to time one or more
depository accounts in a bank, savings and loan association, or other financial institution, which
shall be a joint account or otherwise designated as a community property household account. The
funds from time to time included in or deposited in such an account, together with all revenues
from the funds, are agreed to be the community property of the Ricky and Paula regardless of the
source of the funds. These community funds would be used principally to discharge the parties’
regularly occurring day-to-day living expenses for food, medical care, clothing, transportation, and
insurance expenses, and as the parties may otherwise agree.
Income Taxes
3.11.
Notwithstanding the intent and desire of Ricky and Paula to have wholly separate
property including future income as provided in this agreement, the parties acknowledge that the
Internal Revenue Code and Treasury Regulations and similar codes and regulations of the several
states and foreign nations in certain instances provide, or may provide in the future, savings in
taxes for married taxpayers filing joint returns. If Ricky and Paula file such a joint return, they
agree that filing such returns and pooling their respective incomes and deductions for that purpose
shall in no way be a waiver of any provision of this agreement. Each party will be responsible for,
and shall pay out of his or her separate property, the proportional share of federal, state, or foreign
income taxes (together with penalty and interest, if any) due on or attributable to his or her separate
income or property. Each party shall indemnify and hold harmless the other party for such taxes,
including penalties and interest if any. Failure of either party to abide by this provision shall give
rise to that party’s liability on a claim for reimbursement by the other party, and the claim shall
include a claim for costs of suit, including reasonable attorney’s fees incurred in prosecution of
the claim.
Property Management
3.12.
Ricky and Paula will each have sole and exclusive management of his or her
separate property. Each party reserves the right to make gifts of his or her separate property and
reserves the right to sell, mortgage, or otherwise deal with his or her separate property without
consulting the other party.
Recordkeeping
3.13.
The parties will keep accurate records of their respective separate estates.
Agreement to Join in Execution of Other Documents
3.14.
Each party will, at the request of the other party or his or her personal
representative, willingly execute, deliver, and properly acknowledge any additional documents,
including deeds, that may be required to carry out the parties’ intentions and the purposes of this
agreement.
Invalid Provisions
3.15.
If any provision of this agreement is held invalid to any extent for any reason, that
will not affect the validity of the other provisions of this agreement. If one of the parties sues to
set aside all or part of this agreement, that party shall pay all of the costs of suit (including
attorney’s fees, expert fees, and costs of court) for both parties, unless the court sets aside this
agreement on the basis that one of the parties, with intent to defraud the other, made a material
omission or misstatement on his or her disclosure of property, in which case the party guilty of
such intentional fraudulent misrepresentation shall bear all of the costs of litigation.
Term of Agreement
3.16.
This agreement will terminate automatically when the marriage is terminated,
whether by divorce, annulment, or death. The parties reserve the right to terminate this agreement
by written agreement at any time.
Binding Effect
3.17.
This agreement will bind the heirs, personal representatives, successors, and
assigns of Ricky and Paula. The parties make this agreement solely for their own benefit and do
not intend for this agreement to inure to the benefit of any third party.
Entire Agreement; Modification
3.18.
This agreement constitutes the entire agreement between Ricky and Paula
respecting the subjects to which it relates. Any oral representations or modifications made before
or after the execution of this agreement will be of no force or effect. This agreement may be altered
or amended in the future by written agreement specifically referring to this agreement.
Governing Law
3.19.
This agreement shall be governed by the law of the State of Texas.
ARTICLE 4. EFFECTIVE DATE
4.01.
This agreement shall be effective as of the date set forth below.
Dated: February 14, 2021
Ricky R. Respondent
[Name of spouse 1]
Paula Petty Petitioner
[Name of Spouse 2]
APPROVED AS TO FORM AND CONTENT
TiffCo Law, P.C.
By:
Richard Haynes
Richard Haynes
ATTORNEY FOR PAULA PETITIONER
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF HARRIS
§
§
§
This Premarital Agreement in Contemplation of Marriage was SUBSCRIBED
AND SWORN TO BEFORE ME, the undersigned notary public by Ricky Respondent,
Spouse 1, on this 14th day of February 2021, to certify which witness my hand and
official seal.
Ivanna U. Cash
Notary Public, State of Texas
Notary’s printed name: Ivanna U. Cash
Commission Expires 01/22/2022
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF HARRIS
§
§
§
This Premarital Agreement in Contemplation of Marriage was SUBSCRIBED
AND SWORN TO BEFORE ME, the undersigned notary public by Paula Petitioner,
Spouse 2, on this 14th day of February 2021, to certify which witness my hand and
official seal.
Ivanna U. Cash
Notary Public, State of Texas
Notary’s printed name: Ivanna U. Cash
Commission Expires 01/22/2022
Certification of Attorney for Ricky Respondent
I, Johnny Cochran, certify that I am an attorney duly licensed and admitted to practice law
in the State of Texas; that I have been employed by Ricky Respondent, a party to this agreement,
and that I have advised and consulted with Ricky about his property rights with respect to this
Agreement and have fully explained to him its meaning and the legal effects that it has on his
rights otherwise obtained as a matter of law. I certify that Ricky, after being fully advised by me,
acknowledged to me his full and complete understanding of this Agreement and its legal
consequences, and that he has freely and voluntarily executed the agreement in my presence.
Johnny Cochran
Johnny Cochran
TBC# 88875433
2222Lawyer Up Ln.
Houston, Texas 77002
Telephone: (713) 867-5311
Facsimile: (713) 867-5312
Email: jcochran@jcochran.com
ATTORNEY FOR
RICKY RESPONDENT
Certification of Attorney for Paula Petitioner
I, Richard Haynes, certify that I am an attorney duly licensed and admitted to practice law
in the State of Texas; that I have been employed by Paula Petitioner, a party to this agreement, and
that I have advised and consulted with Paula about her property rights with respect to this
Agreement and have fully explained to her its meaning and the legal effects that it has on her rights
otherwise obtained as a matter of law. I certify that Paula, after being fully advised by me,
acknowledged to me her full and complete understanding of this Agreement and its legal
consequences, and that she has freely and voluntarily executed the agreement in my presence.
Richard Haynes
Richard Haynes
TBC# 88875433
7777 Lawyer Up Ln.
Houston, Texas 77002
Telephone: (713) 867-5309
Facsimile: (713) 867-5310
Email: rhaynes@tiffcolaw.com
ATTORNEY FOR PAULA PETITIONER