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Pre-nuptial and Post-nuptial Agreements

Pre-nuptial and Post-nuptial Agreements

            Texas is a community property state. Community property is the concept that whatever the wife and the husband make should be distributed equally between them. Most states in the United States are separate property states. Separate property is what Muslims follow through Shariah law.

            When planning for the distribution of the estate, a Muslim’s attorney needs to prepare for this conflict. If the testator is already married, a simple way to prepare for this conflict is to sign a post-nuptial agreement. The post-nuptial agreement could turn their estate into a separate property estate and no potential community estate property problems would surface. If the testator is not married, he/she should be instructed to get a pre-nuptial agreement before marriage.