Texas Codes

Tex. Fam. Code § 4.106 (2026)

Rights Of Creditors And Recordation Under Partition Or Exchange Agreement

✓ current as of May 2026

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Sec. 4.106. RIGHTS OF CREDITORS AND RECORDATION UNDER PARTITION OR EXCHANGE AGREEMENT. (a) A provision of a partition or exchange agreement made under this subchapter is void with respect to the rights of a preexisting creditor whose rights are intended to be defrauded by it.

(b) A partition or exchange agreement made under this subchapter may be recorded in the deed records of the county in which a party resides and in the county in which the real property affected is located. An agreement made under this subchapter is constructive notice to a good faith purchaser for value or a creditor without actual notice only if the instrument is acknowledged and recorded in the county in which the real property is located.

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

SUBCHAPTER C. AGREEMENT TO CONVERT SEPARATE PROPERTY TO COMMUNITY PROPERTY

Notes of Decisions

Cited in 11 cases, 2008–2018 · leading case: Mary Ann Yamin, Texas Black Iron, Inc. & 5310 Woodway, LLC v. Carroll Wayne Conn, L.P, 574 S.W.3d 50 (Tex. App. 2018).

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Mary Ann Yamin, Texas Black Iron, Inc. & 5310 Woodway, LLC v. Carroll Wayne Conn, L.P, 574 S.W.3d 50 (Tex. App. 2018). · cites it 11× “(a) Limitations under the Family Code We disagree with Mary Ann’s argument that limitations bars Conn’s claim that the 2006 Bill of Sale is void under Texas Family Code section 4.106. The jury was asked to determine the date on which Conn discovered, or in the exercise of…”

Soza v. Hill (In Re Soza), 542 F.3d 1060 (5th Cir. 2008). · cites it 4× “" Tex. Family Code Ann. § 4.106 (a) (emphasis added).”

United States v. Loftis, 607 F.3d 173 (5th Cir. 2010). · cites it 2× “§§ 3304 (b)(1)(A), 3304(b)(1)(B), 3304(a)(1), as well as under Tex. Fam.Code § 4.106(a). The district court held that the agreement was voidable under each provision.”

Jacobsen v. Moser (In Re Jacobsen), 609 F.3d 647 (5th Cir. 2010). “Code § 852(b) (West 2004); Tex. Fam.Code § 4.106(b) (Vernon 2006). 5 .”

Pratt v. Amrex, Inc., 354 S.W.3d 502 (Tex. App. 2011). · cites it 2× “Texas Family Code section 4.106 provides: A partition or exchange agreement made under this subchapter may be recorded in the deed records of the county in which a party resides and in the county in which the real property affected is located.”

Unknown, 201 F.3d 638. · cites it 6× “Intent of Transferee Texas Family Code § 4.106 is silent as to whether both spouses must intend to defraud creditors to void a transfer or partition.”

Soza v. Hill (5th Cir. 2008). · cites it 2× “” Tex. Family Code Ann. § 4.106 (a) (emphasis added).”

Peter E. Pratt, Jr., Court Appointed Receiver & Special Master on Behalf of the Receivership Est. of Curtis Muecke v. Amrex, Inc. D/B/A Falco Pest Mangement (Tex. App. 2011). · cites it 2× “Texas Family Code section 4.106 provides: -5- 04-11-00119-CV A partition or exchange agreement made under this subchapter may be recorded in the deed records of the county in which a party resides and in the county in which the real property affected is located.”

In re: James L. Osborn, Jr. Cent. States Nat. Gas, LLC Cent. States Energy, LLC (9th Cir. BAP 2017). “22 Tex. Family Code § 4.106(b) (emphasis added).”

Jacobsen v. Moser (5th Cir. 2010). “CODE § 852(b) (West 2004); TEX. FAM. CODE § 4.106(b) (Vernon 2006). 5 No.”

Carol Kormanik v. Victor Seghers (Tex. App. 2015). “Tex. Fam. Code § 4.106(b). The statute plainly does not impose constructive notice upon a good-faith purchaser for value or a creditor without actual notice unless the partition or exchange agreement is acknowledged and recorded in the county in which the real property is…”

— Tex. Fam. Code § 4.106(a) — 5 cases

Mary Ann Yamin, Texas Black Iron, Inc. & 5310 Woodway, LLC v. Carroll Wayne Conn, L.P, 574 S.W.3d 50 (Tex. App. 2018). “(a) Limitations under the Family Code We disagree with Mary Ann’s argument that limitations bars Conn’s claim that the 2006 Bill of Sale is void under Texas Family Code section 4.106. The jury was asked to determine the date on which Conn discovered, or in the exercise of…”

United States v. Loftis, 607 F.3d 173 (5th Cir. 2010). “§§ 3304 (b)(1)(A), 3304(b)(1)(B), 3304(a)(1), as well as under Tex. Fam.Code § 4.106(a). The district court held that the agreement was voidable under each provision.”

Soza v. Hill (In Re Soza), 542 F.3d 1060 (5th Cir. 2008). “" Tex. Family Code Ann. § 4.106 (a) (emphasis added).”

Unknown, 201 F.3d 638. “Intent of Transferee Texas Family Code § 4.106 is silent as to whether both spouses must intend to defraud creditors to void a transfer or partition.”

Soza v. Hill (5th Cir. 2008). “” Tex. Family Code Ann. § 4.106 (a) (emphasis added).”

— Tex. Fam. Code § 4.106(b) — 7 cases

Jacobsen v. Moser (In Re Jacobsen), 609 F.3d 647 (5th Cir. 2010). “Code § 852(b) (West 2004); Tex. Fam.Code § 4.106(b) (Vernon 2006). 5 .”

Pratt v. Amrex, Inc., 354 S.W.3d 502 (Tex. App. 2011). “Texas Family Code section 4.106 provides: A partition or exchange agreement made under this subchapter may be recorded in the deed records of the county in which a party resides and in the county in which the real property affected is located.”

In re: James L. Osborn, Jr. Cent. States Nat. Gas, LLC Cent. States Energy, LLC (9th Cir. BAP 2017). “22 Tex. Family Code § 4.106(b) (emphasis added).”

Jacobsen v. Moser (5th Cir. 2010). “CODE § 852(b) (West 2004); TEX. FAM. CODE § 4.106(b) (Vernon 2006). 5 No.”

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