Does Texas Law Allows Written Prenuptial and Postnuptial Contracts Agreements

Texas Gov Site, Jan 01, 2000

Texas law allows written prenuptial and postnuptial agreements signed by both spouses. Such agreements may address property rights, including the conversion of community property to separate property, so long as the agreement is not intended to defraud pre-existing creditors. Agreements are enforceable so long as they are made voluntarily by both spouses, each party received a fair and reasonable disclosure of the property or financial obligations of the other party, and the agreement is not unconscionable under contract law.

Appraisal districts frequently face the question of homeowners requesting certain homestead exemptions on property owned by their spouses and that may not be considered community property.

HB 734, which took effect when Texas voters approved this proposition, prescribes the procedures for converting separate property to community property, just as community property may be converted to separate property. A written agreement signed by both spouses identifies the property being converted and specifies that conversion is occurring. The agreement is enforceable without consideration, meaning that neither spouse has to receive a benefit in return for the contract to be deemed valid. Simply transferring the separate property to the name of the other spouse is not sufficient to convert the property without a separate written agreement.