pjc-family-2024-lib

PJC 202.8

C HARACTERIZATION OF P ROPERTY

PJC 202.8 Partition or Exchange Agreement At any time, spouses may partition or exchange between themselves all or part of their community property, then existing or to be acquired, as they may desire. Property or a property interest transferred to a spouse by a partition or exchange agreement becomes that spouse’s separate property. A partition or exchange agreement must be in writing and signed by both parties. “Property” means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. COMMENT Source. The first paragraph of the foregoing instruction is based on Tex. Const. art. XVI, § 15, and Tex. Fam. Code §§ 4.102, 4.104. The second paragraph is based on Tex. Fam. Code §§ 4.001, 4.101. When to use. If a separate-property claim is based on the terms of a partition or exchange agreement, the foregoing instruction should be given with PJC 202.1 (sepa rate and community property). If enforceability of agreement is disputed. If the enforceability of a partition or exchange agreement is disputed, additional instructions and questions must be submit ted to resolve that issue. See chapter 207, “Enforceability of Property Agreements.”

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