How to turn separate property into community property in Texas

If you want to make the property you owned separately from your marriage to become part of your spouse’s community property, then contact an experienced family law attorney near you. Our attorneys routinely create agreements that accomplish this desire.

Community property consists of the property, other than separate property, acquired on either spouse during marriage. Separate property refers to any property the spouses acquired separately before the marriage or by gift or inheritance.

Property agreements in the marital context include premarital agreements, post-marital agreements, agreements to convert, and cohabitation agreements.

How do you make a prenup?

A premarital agreement (a prenup) is one made between prospective spouses in contemplating marriage to be effective on marriage. Key points regarding premarital contracts are:

• A premarital agreement must be in writing and signed by the parties.
• Among other things, a premarital agreement may address the rights and obligations of the parties in the property they own, the property they will acquire in the future, and the disposition of property on death or divorce.
• A premarital agreement is not enforceable if the party against whom enforcement is sought can prove certain statutory defenses.

How do you make a postnup?

A post-marital agreement is one made between spouses, and it allows a married couple to create rules to govern their property that are different than the rules in the Texas Family Code. Key points regarding post-marital agreements are:

• A post-marital agreement must be in writing and signed by the parties.
• A post-marital agreement allows spouses to change community property to separate property and allow spouses to agree that income or property arising from separate property owned by one shall remain separate.
• A post-marital agreement may also address the rights and obligations of the parties in the property they own and property disposition on death or divorce.
• A post-marital agreement is not enforceable if the party against whom enforcement is sought can prove certain statutory defenses.
• Newer to Texas is the deal to convert a spouse’s separate property to community property. To be enforceable, an agreement to convert must:
• Be in writing and signed by the parties;
• Identify the property being converted; and,
• Specify that the property being converted is the spouses’ community property.

The following Waco family law attorneys can help you with an agreement converting the separate property into community property. Contact them at 254-753-6437.