Agreements · Agreements No. 06
Postnuptial and partition agreements
Already married? Texas lets spouses partition community property or set new rules for the future, if it is done carefully.
(What this involves)
How we approach it
Couples sign postnuptial agreements for many reasons: a business is about to grow, an inheritance has arrived, there was no time for a prenup, or the marriage is going through a hard stretch and both want clarity. In Texas these are usually called partition or exchange agreements.
Because spouses already owe each other duties, a court will look closely at how a postnup was made. Full disclosure, independent lawyers and no pressure matter even more here than before a wedding.
This may apply if
- You married without a prenup and now own a growing business
- An inheritance or a gift needs to stay separate
- One spouse is taking on business debt or personal guarantees
- You want to turn separate property into community property
- The marriage is in a rough patch and you both want a clear plan
Questions we answer early
- 01 What can a partition agreement change?
- 02 Can separate property be turned into community property?
- 03 Will a court enforce it if we later divorce?
- 04 How does it fit with our wills and trusts?
- 05 Do we both need to disclose everything again?
Illustration · what a partition agreement can do
Today
Community property
Owned by both of you
Separate
Spouse A
Separate
Spouse B
Still shared
Community
The reverse also exists: a separate written agreement can convert one spouse's separate property into community property, with its own formal requirements.
How the work runs § 2
Four steps, in order.
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01
Purpose
Why now, what changes, and what each of you needs from the agreement.
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02
Disclose
Current values for every significant asset and debt, in writing.
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03
Draft
Partition, exchange or conversion terms, coordinated with your estate plans.
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04
Execute
Signed with independent advice on both sides and no deadline pressure.
The law, in general terms
Texas, in general terms
Texas allows spouses to partition or exchange community property by written agreement, and to agree that income from separate property will stay separate. A different kind of agreement can convert separate property into community property, and Texas sets specific requirements for it.
Rules differ by state
Postnuptial agreements are treated very differently across the country. Some states examine them closely, and a few rarely enforce them. If you may move, the agreement should be written with that in mind.
General information, not legal advice. Your facts, and the law that applies to them, are what the consultation is for.
Example costs § 3
What it can cost, in examples.
Ranges from recent matters, not quotes. Outside experts bill separately. After the consultation you receive a written estimate for your case.
All fees and retainersOften asked
Is a postnup the same as a separation agreement?
No. A postnup or partition agreement is made by spouses who intend to stay married. A settlement agreement resolves a divorce. Some couples use a postnup to steady a marriage; it should never be signed under pressure.
Can we change a prenup after the wedding?
Yes. Spouses can amend or revoke a premarital agreement by a later written agreement signed by both. The same care about disclosure and independent advice applies.
Talk to us about postnuptial agreements
Names first for the conflict check, then a 90-minute strategy consultation with the attorney who leads this work. No details through the form, please.
Or call the office
(214) 555-0163We never leave a detailed voicemail unless you tell us it is safe.