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 agreementspost-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?

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.

What do clients say about Dunnam & Dunnam’s family law practice?

You can read what our family law clients have to say about us on our family law page. Wacoan Magazine routinely chooses our law firm as the Best in Waco. And the readers also choose us as the best family lawyers. We have three board certified family law attorneys.

Hire a Board Certified Family Law Attorney

Board certified lawyers must have significant experience, before even taking a specialized test to show their expertise in the practice area. Only 900 of the more than 100,000 Texas attorneys are board certified in Family Law. Three of those attorneys are at Dunnam & Dunnam. These lawyers engage and have been certified as specialists by the Texas Board of Legal Specialization in the practice of Family Law.

Vance Dunnam Waco Attorney at Dunnam & Dunnam

Vance Dunnam

Vance has 60 years of experience as a lawyer in Waco, Texas handling all types of cases in both the office and the courtroom.

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Merrilee Harmon Waco Lawyer at Dunnam & Dunnam

Merrilee L. Harmon

Merrilee L. Harmon is a Family Law specialist, Board Certified by the Texas Board of Legal Specialization since 1985.

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Jim Dunnam Waco Attorney at Dunnam & Dunnam

Jim Dunnam

Jim Dunnam is a Board Certified Specialist in both Civil Trial Law and Family Law.

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Hire a Top Waco Family Lawyer

Our family law firm has many attorneys that can help you in drafting or litigating your premarital agreement or postmarital agreement, including the following family lawyers in Waco.

Eleeza Johnson Attorney at Law Dunnam & Dunam

Eleeza Johnson

Eleeza's practice areas include: Personal Injury Law, Civil Trial Law, Commercial Law, Family Law and Pharmaceutical Law.

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Gerald R. Villarrial

Gerald R. Villarrial has practiced family law, criminal law and civil litigation for over 20 years.

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Brittany Martinez

Brittany is a member of the McLennan County Bar Association, and McLennan County Young Lawyers Association.

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Mason Dunnam

Mason Dunnam is the fourth generation of Dunnam attorneys at the firm since 1925

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Carolina Truesdale

Carolina G. Truesdale graduated from Texas Tech University School of Law, Cum Laude.

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Since 1925, our family has helped Waco families with their legal problems when it matters most. Let us help yours too. Contact our Waco family law firm at 254-753-6437.