1.64 Antenuptial Agreements


In General

Neither antenuptial (before marriage) nor postnuptial (after marriage) agreements should be relied upon for the purpose of eliminating the marital rights of spouses not joining in the execution of the real estate instruments.

Frequently these agreements are judicially attacked, and also too frequently, end up being declared void, without any legal effect, and with the marital rights of the parties still outstanding.

Misrepresentation and violation of public policy have been the main arguments raised against their legality. 

In Texas the specific joinder of both spouses in the execution of the proposed agreement is required.  

If this is not possible, a quitclaim deed, containing an appropriate recital as to its purpose, must be executed by the nonjoinder spouse in order to waive or relinquish marital rights in the premises in question. This instrument must be filed for record in the county or counties where the land is located.