Houston Prenuptial Agreement Attorneys

Property Division with and Without a Prenuptial Agreement

Texas is one of a few states that use a community property system. Generally speaking, the system assumes that both spouses have common ownership of all property acquired during a marriage. Therefore, if the couple divorces, all acquired assets (with certain exceptions) are divisible between the parties.

In contrast, a prenuptial agreement can make specifications so that certain acquired assets cannot be divided following a divorce. For example, if one spouse runs their own business, the premarital agreement may stipulate the business' earnings will go to that spouse as separate property. A similar provision may apply to one spouse's stocks before the marriage, or other assets that could generate earnings throughout the marriage.

Parties can also use a partition agreement to convert a married couple's community property into separate property if a prenup doesn't meet their needs.

Cohabitation Agreement Attorneys in Texas

It is increasingly common for some couples to prefer cohabitation without marriage. Texas is a state which permits common law marriage. Proof of a common law marriage would require that a couple 1) agree to be married, 2) cohabitate, and 3) hold themselves out to the public as though they are married. Therefore, couples who decide to cohabitate without marriage sometimes want to enter into agreements that acknowledge and confirm that they do not intend to be married to one another (and thus are not married under the common law rules in Texas under that first requirement that they must agree to be married).

Further, such an agreement may govern the financial aspects of the couple’s relationship, including their respective assets. These agreements are referred to as cohabitation agreements and they may govern the assets and financial dealings of the couple in ways similar, though not identical to, the way premarital agreements or prenups govern the assets of couples who marry.

Cohabitation agreements are not governed by the Texas Family Code, which governs only the property agreements of future spouses or those who are already married. Cohabitation agreements in Texas are construed and governed by the laws that govern all contracts in Texas, and may be binding on the parties so long as they meet the requirements for contracts in Texas. Cohabitation agreements may be appropriate for any couple who live together, including same-sex couples who choose not to marry.

What a Prenuptial Agreement Can't Do

There are certain items prenuptial agreements cannot include. These items are unenforceable by law, and attempting to retain them may risk nullifying the agreement, in part or whole.

For example, a prenuptial agreement cannot include provisions that involve illegal activity. For instance, a provision that aims to allow bigamy by one of the spouses will be invalid.

Additionally, a prenup does not have the power to determine future child custody or child support. In terms of custody, in the event of a divorce, the power to decide child custody lies exclusively with the parties by agreement at the time of divorce, or by the family court if the parties are unable to reach an agreement.

Our Houston prenuptial agreement attorneys can help you craft the ideal prenuptial, partition, or contractual cohabitation agreement for your relationship.

To schedule a consultation with our team, contact us online or via phone at (713) 766-5355.