21 Jan Are Postnups Enforceable in Texas?

Postnuptial agreements are enforceable. Texas law about postnups is the same as for prenups. Postnuptial agreements in Texas are often called Partition & Exchange Agreements because they partition the community estate and can exchange community property for separate, and vice versa. They are enforceable and favored by Texas law.

Texas Family Code §4.102 says:

“At any time, the spouses may partition or exchange between themselves all or part of their community property, then existing or to be acquired, as the spouses may desire. Property or a property interest transferred to a spouse by a partition or exchange agreement becomes that spouse’s separate property. The partition or exchange of property may also provide that future earnings and income arising from the transferred property shall be the separate property of the owning spouse.” (Tex. Fam. Code §4.102)

Under the Texas constitution, spouses may:

“…partition between themselves all or part of their property, then existing or to be acquired, or exchange between themselves the community interest of one spouse or future spouse in any property for the community interest of the other spouse or future spouse in other community property then existing or to be acquired, whereupon the portion or interest set aside to each spouse shall be and constitute a part of the separate property and estate of such spouse or future spouse;…” (Tex. Const. art. XVI, §15)

Texas Family Code §4.104 describes the only requirements to make a Postnup valid & enforceable: It must in writing and signed by both spouses.

The defenses are in §4.105. If the agreement was signed voluntarily and following the right procedure, it’s difficult to defeat, even if unfair.

Like prenuptials, postnuptial agreements (partition & exchange agreements) are recognized in the Texas constitution, Family Code and court opinions. They are enforceable.