pjc-family-2024-lib

C HARACTERIZATION OF P ROPERTY

PJC 202.9

PJC 202.9

Agreement Concerning Income or Property Derived from Separate Property

At any time, spouses may agree that the income or property arising from the separate property that is then owned by one of them, or that may thereafter be acquired, shall be the separate property of the owner. Such an 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. If an item of property set aside as separate property by such an agreement can be traced to other property and identified, it will remain separate property even if the property has changed form. COMMENT Source. The first paragraph of the foregoing instruction is based on Tex. Fam. Code §§4.103, 4.104. The second paragraph is based on Tex. Fam. Code §§4.001, 4.101. The third paragraph is based on Love v. Robertson , 7 Tex. 6 (1851). When to use. If a separate-property claim is based on the terms of an agreement between spouses concerning income or property derived from separate property, the foregoing instruction should be given with PJC 202.1 (separate and community prop erty). If enforceability of agreement is disputed. If the enforceability of an agreement between spouses concerning income or property derived from separate property is dis puted, additional instructions and questions must be submitted to resolve that issue. See chapter 207, “Enforceability of Property Agreements.”

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