Tex. Codes » Family Code · TITLE 1. THE MARRIAGE RELATIONSHIP · SUBTITLE B. PROPERTY RIGHTS AND LIABILITIES · CHAPTER 4. PREMARITAL AND MARITAL PROPERTY AGREEMENTS
Texas Codes

Tex. Fam. Code § 4.001 (2026)

Definitions

✓ current as of May 2026
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Sec. 4.001. DEFINITIONS. In this subchapter:

(1) "Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective on marriage.

(2) "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Notes of Decisions
Cited in 13 cases (4 in the last 5 years), 2008–2026 · leading case: Ahmed v. Ahmed, 261 S.W.3d 190 (Tex. App. 2008).
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Ahmed v. Ahmed, 261 S.W.3d 190 (Tex. App. 2008). · cites it 4× “" TEX. FAM.CODE ANN. § 4.001(1) (Vernon 2006).”
in the Matter of the Marriage of Emma Ruth Vinson & Ben Andrew Vinson, Sr. (Tex. Crim. App. 2015). · cites it 4× “. . . . . . . . . . . . . . . . . . . . .”
Sheila B. Thurlow v. Thomas N. Thurlow (Tex. App. 2008). · cites it 2× “See Tex. Fam. Code Ann. §§ 4.001 -.206 (Vernon 2006).”
Charles Fred Meshell v. Katherine Antoinette Lippi (Tex. App. 2016). “14 Tex. Fam. Code Ann. § 4.104 (West 2006). 15 See id.”
in the Matter of the Marriage of Sherrie Lehman & Douglas Lehman (Tex. App. 2018). “The trial court did not err in granting a partial motion for traditional summary judgment on the validity of the premarital agreement.”
Robert Michelena v. Monica Michelena (Tex. App. 2020). “TEX. FAM. CODE ANN. § 4.001(1). Here, the parties mutually agreed that assets held in the individual name of 3 either spouse would be presumed separate property.”
In the Matter of the Marriage of Chad Schaefer & Amber Lynn Schaefer v. the State of Texas (Tex. App. 2023). “” TEX. FAM. CODE ANN. § 4.001(1). Parties to a premarital agreement may set out “the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located.”
In the Interest of P.A., a Child v. the State of Texas (Tex. App. 2024). “§§ 9-11-401 to 9-11-413 (Arkansas Premarital Agreement Act [APAA]); TEX. FAM. CODE ANN. §§ 4.001–4.010 (Uniform Premarital Agreement Act [TUPAA]).”
Jason Robert Jimenez v. Elizabeth Ashley Jimenez (Tex. App. 2025). “” TEX. FAM. CODE § 4.001 (emphasis added). And we recognize that Texas law defines “property” broadly.”
Henry Hutcherson III v. Tina Hutcherson (2026). “Premarital Agreements A PMA is “an agreement between prospective spouses made in contemplation of marriage and to be effective on marriage,” Tex. Fam. Code § 4.001(1), and is distinct from a partition-and-exchange agreement (also called an interspousal or postmarital agreement),…”
Robert Jamison v. State (Tex. App. 2010). “See Tex. Fam. Code Ann. §§ 4.001 -.206 (West 2006).”
John Thomas Izzo v. Sharon Diane Izzo (Tex. App. 2010). “See Tex. Fam. Code Ann. §§ 4.001 -.206 (West 2006).”
Show all 13 citing cases →
— Tex. Fam. Code § 4.001(1) — 4 cases
Ahmed v. Ahmed, 261 S.W.3d 190 (Tex. App. 2008). “" TEX. FAM.CODE ANN. § 4.001(1) (Vernon 2006).”
Robert Michelena v. Monica Michelena (Tex. App. 2020). “TEX. FAM. CODE ANN. § 4.001(1). Here, the parties mutually agreed that assets held in the individual name of 3 either spouse would be presumed separate property.”
In the Matter of the Marriage of Chad Schaefer & Amber Lynn Schaefer v. the State of Texas (Tex. App. 2023). “” TEX. FAM. CODE ANN. § 4.001(1). Parties to a premarital agreement may set out “the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located.”
Henry Hutcherson III v. Tina Hutcherson (2026). “Premarital Agreements A PMA is “an agreement between prospective spouses made in contemplation of marriage and to be effective on marriage,” Tex. Fam. Code § 4.001(1), and is distinct from a partition-and-exchange agreement (also called an interspousal or postmarital agreement),…”
— Tex. Fam. Code § 4.001(2) — 2 cases
in the Matter of the Marriage of Emma Ruth Vinson & Ben Andrew Vinson, Sr. (Tex. Crim. App. 2015). “. . . . . . . . . . . . . . . . . . . . .”
David Robertson v. Oksana Robertson (Tex. App. 2015).
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