A couple signs a premarital agreement in Texas converting all future income to separate property. During the marriage, the wife earns $200,000 per year. Under the Texas Family Code, is this premarital agreement enforceable regarding income characterization?
Correct Answer
B) Yes, because Texas Family Code §4.003 allows premarital agreements to alter the community property presumption
Under Texas Family Code §4.003, parties to a premarital agreement may contract with respect to the rights and obligations of each party in any property, including the right to characterize future income as separate property. Texas law allows significant flexibility in premarital agreements to alter community property presumptions.
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Under the Texas Family Code, which of the following situations does NOT require both spouses to join in the transaction?
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A Texas license holder is representing a married seller. The property is the seller's separate property (owned before marriage), but it has been the couple's homestead during the marriage. Under Texas law, whose signatures are needed on the deed to convey the property?