A marital property partition agreement—also known as a partition and exchange agreement, a postmarital agreement, or a postnuptial agreement—is an agreement between spouses during marriage to convert marital property (also known as community property in some states) to one spouse’s separate property.
Property that is jointly owned by spouses or domestic partners (often owned as joint tenants with a right of survivorship) may also be partitioned or divided in a lawsuit or court action rather than by agreement of the spouses.
Laws regarding marital property partition agreements vary from state to state and are generally located in a state’s statutes—often in the family code or domestic relations code.
In Texas, a marital property partition agreement, also known as a postnuptial agreement, allows spouses to convert community property into separate property of one spouse. Texas is a community property state, meaning that most property acquired during the marriage is owned jointly by both spouses. However, under Texas Family Code, spouses have the right to enter into a written agreement to partition or exchange between themselves any of the community property, thereby changing the character of the property. Such agreements must be in writing and signed by both parties. If the agreement meets all legal requirements, it is enforceable without consideration. Additionally, property that is jointly owned can be divided through a court action if the parties cannot reach an agreement. This is typically done through a suit for partition filed in the appropriate court. It's important to note that these agreements and court actions must comply with Texas law, and it is advisable for individuals to consult with an attorney to ensure that their rights and interests are adequately protected and that the agreement is legally sound.
