pjc-family-2024-lib

PJC 202.10

C HARACTERIZATION OF P ROPERTY

PJC 202.10 Agreement to Convert Separate Property to Community Property

At any time, spouses may agree that all or part of the separate property owned by either or both of them is converted to community property. Such an agreement must— 1. be in writing, and 2. be signed by both spouses, and 3. identify the property being converted, and 4. specify that the property is being converted to the spouses’ commu nity property. The mere transfer of a spouse’s separate property to the name of the other spouse or to the name of both spouses is not sufficient to convert the property to community property. “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. Fam. Code §§ 4.202–.203(a). The second paragraph is based on Tex. Fam. Code § 4.203(b). The third paragraph is based on Tex. Fam. Code §§ 4.001, 4.201. When to use. If a community-property claim is based on the terms of an agree ment to convert separate property to community property, the foregoing instruction should be given with PJC 202.1 (separate and community property). If the transfer of a spouse’s separate property to the name of the other spouse or both spouses is not in issue, the second paragraph should be omitted. If enforceability of agreement is disputed. If the enforceability of an agreement to convert separate property to community property is disputed, additional instructions and questions must be submitted to resolve that issue. See chapter 207, “Enforceability of Property Agreements.”

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