Texas Prenuptial Agreement – Laws

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 a marriage. Marital property, referred to as a “community property,” is subject to division upon divorce.

Signing Requirements (§ 4.002) – Both spouses are required to sign; notary acknowledgment is recommended but not mandatory.



Community Property


Unlike almost all other states, Texas is one of the states that has adopted the community property law. 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.”