Updated May 17, 2023
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A Texas prenuptial agreement is a legal document that is drafted by two spouses before they get married and is put into effect upon divorce or death of one of the parties. A prenuptial agreement allows the parties to determine the division of property, assets, and debts as well as govern a number of other issues, should the marriage end in divorce. All separate property (for example, property acquired before marriage or by gift or inheritance during marriage) will remain that individual’s property no matter what occurs during or after marriage. Although, marital property, referred to as “community property,” is subject to division upon divorce.
Laws
- § 4.001 – Definitions
- § 4.002 – Formalities
- § 4.003 – Content
- § 4.004 – Effect of Marriage
- § 4.005 – Amendment or Revocation
- § 4.006 – Enforcement
- § 4.007 – Enforcement: Void Marriage
- § 4.008 – Limitation of Actions
- § 4.009 – Application and Construction
- § 4.010 – Short Title
UPAA
- Uniform Premarital Agreement Act (UPAA) – Texas is one of the states in the U.S. that has adopted the UPAA, an act focusing on the government of agreements between spouses.
Community Property
Laws
- Title 1, Subtitle B, Chapter 3 – General Rules for Separate and Community Property
- Title 1, Subtitle C, Chapter 7 – Award of Marital Property
Unlike the majority of states, Texas is a “community property” state. This means all property (aside from property owned, inherited, or gifted before marriage) acquired by either spouse during the marriage belongs to the “community,” the law defining marriage as an “economic community.”