These agreements are typically referred to as “marital property agreements.” The Texas Family Code governs three types of marital property agreements:
Texas Family Code Section 4.102 allows spouses to partition or exchange between themselves all or part of their community property. Community property is defined as property, other than separate property, obtained by either spouse during the marriage. See Texas Family Code Sec. 3.002
Spouses may at any time choose to enter into an agreement to transfer his or her interest in community property by a partition agreement. This decision results in a particular piece of property or property interest becoming the other spouse’s separate property.
Texas Family Code Section 4.006 governs the enforceability of these agreements. A partition agreement under Section 4.102 must be in writing and signed by both parties. Also if a dispute arises regarding the legitimacy of this agreement, know that the spouse attempting to set aside the premarital agreement must prove that the agreement is unenforceable.
Section 4.006 provides that the party must prove the following:
Spouses may also convert separate property to community property. A spouse’s separate property includes property owned or claimed by the spouse before marriage; property obtained by a spouse during the marriage by gift, devise, or descent; and proceeds recovered for personal injuries sustained by the spouse during the marriage. See Tex. Fam. Code Sec. 3.001. Texas Family Code Section 4.205 governs the enforceability of spouses to convert separate property to community property. An agreement to convert separate property to community property must be voluntarily executed and the party converting his/her separate property must have fair and reasonable disclosure of the legal effect of converting his/her property to community property. See
Section 4.205 also provides for written agreements to contain a statement that should be exhibited in bold-faced type, capital letters, or underlined that provide disclosure language of a party’s knowledge of the effect of converting property to community property. A party resisting the agreement must prove unenforceability, however, unlike Section 4.006, Section 4.205 includes no provisions regarding unconscionability as a defense to enforceability.
James W. Evans is a board-certified family law attorney and the founder of Evans Family Law Group. With over 25 years of experience, he has built a reputation as a trusted advocate for Texas families navigating divorce, custody, and complex family law matters.
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I had a great experience working with Jimmy Evans on my divorce case. He provided excellent counsel and always focused on getting me the best results. He was accommodating and made sure I understood each step of the process. His paralegal, Dina, was also wonderful! She kept communication clear and timely, and I could always count on her for quick updates and answers.
The firm as a whole was efficient, professional, and supportive, which made a difficult process much easier to navigate. I highly recommend Jimmy Evans and his team.
I’m incredibly thankful for the Evans Family Law Group, especially Jimmy Evans and his paralegal, Ashley, for the guidance, support, and compassion they showed me during one of the most stressful and emotionally draining times in my life. From the very beginning, they were responsive, patient, and truly made me feel like I wasn’t alone in the process.
Ashley was amazing to work with. She’s incredibly organized, always on top of every detail, and consistently kept me in the loop about what was going on. Anytime I had a question or concern (and I had a lot!), she was quick to respond and always made sure I understood exactly what was happening. Her calm and professional demeanor gave me a lot of peace of mind during a time when everything felt uncertain.
Jimmy is arguably one of the best family lawyers in Austin. Cares about his clients and has the track record of recognition to back it up. Rare to find a divorce attorney in Austin with such positive reviews and that should tell you all you need to know! Divorce and custody battles are difficult, hire the right attorney first and get your desired result. If you want what is best for your family, you should hire the best lawyer you can. Jimmy and his team are the answer!
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney James Evans, who has more than 20 years of legal experience as a family law attorney.
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