If the parties have a valid premarital or marital property agreement, those terms will generally govern the division rather of the estate. Texas law gives married parties broad latitude to contract around the community property system, including agreements to convert community property to separate property and vice versa.
For an agreement to be enforceable under the Texas Family Code, it must be in writing, signed by both parties, and — in the case of premarital agreements — executed before the marriage. Challenges to these agreements on grounds of unconscionability, involuntariness, or lack of disclosure are litigated regularly in Texas courts. The strength of the agreement will depend heavily on how it was drafted and the circumstances surrounding its execution.
Call Jane Gekhman at (940) 222-6014 if you are going through a family law matter. We can help.