Separate Property and Prenups in Texas
How a premarital agreement can clarify ownership, growth, contributions, and tracing of property brought into marriage.
Start with what each person owns
Create a clear inventory of premarital real estate, investments, retirement accounts, businesses, cash, valuable personal property, and other interests.
Define what happens to appreciation
Couples often want clarity about passive growth, active appreciation, reinvested income, mortgage reduction, improvements, and contributions made during marriage.
Avoid accidental ambiguity
Commingling, retitling, joint accounts, refinancing, and using marital funds can complicate characterization questions. The agreement should coordinate with how the parties expect to manage assets in practice.
State property law matters
Texas is a community-property state, making state-specific characterization and management rules particularly important.
Talk with a Texas prenup attorney.
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