Property & Prenuptial Agreements

Texas law recognizes three types of marital property agreements

We can help you craft, draft and enforce these agreements, when necessary:

1. Premarital or prenuptial agreements

2. Partition or exchange agreements

3. Agreements to convert Separate Property to Community Property

Premarital Agreements

Keep emotions in balance

A premarital agreement (also known as a prenuptial agreement) is an agreement between prospective spouses made in contemplation of marriage and to be effective on marriage. It must be in writing and signed by both parties and is enforceable without consideration (“Consideration” is something of value given by both parties to a contract that induces them to enter into the agreement to exchange mutual performances).

Parties to such an agreement may contract with respect to any or a combination of the following:

  1. the rights & obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
  2. the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
  3. the disposition of property on separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
  4. the modification or elimination of spousal support;
  5. the making of a will, trust, or other arrangement to carry out the provisions of the agreement;
  6. the ownership rights in and disposition of the death benefit from a life insurance policy;
  7. the choice of law governing the construction of the agreement; and
  8. any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

The right of a child to support may not be adversely affected by a premarital agreement.

Challenges arise when a party tries to enforce a Premarital Agreement. We can help navigate these challenges and help you enforce the Agreement or resist enforcement if qualifications are not met.

Partition or Exchange Agreements

Spouses may partition or exchange between themselves all or part of their community property, then existing or to be acquired in the future.

Property or a property interest transferred to a spouse by agreement becomes that spouse’s separate property. The partition or exchange of property may also provide that future earnings and income arising from the transferred property shall be the separate property of the owning spouse.

At any time, the spouses may agree that the income or property arising from the separate property that is then owned by one of them, or that may thereafter be acquired, shall be the separate property of the owner.

As with premarital agreements, partition or exchange agreements must be in writing and signed by both parties and are enforceable without consideration.

We can help create, draft and enforce these agreements, when necessary.

Agreements to convert Separate Property to Community Property

Spouses can agree to convert separate property owned by either or both spouses to community property. Such agreements must be in writing and signed by the spouses, must identify the property being converted, and must specify that the property is being converted to the spouses’ community property. These agreements are enforceable without consideration.

The mere transfer of a spouse’s separate property to the name of the other spouse or to the name of both spouses is not sufficient to convert the property to community property.

What is your question about property and prenuptial agreements?

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