A marital property partition agreement—also known as a partition and exchange agreement, a postmarital agreement, or a postnuptial agreement—is an agreement between spouses during marriage to convert marital property (also known as community property in some states) to one spouse’s separate property.

Property that is jointly owned by spouses or domestic partners (often owned as joint tenants with a right of survivorship) may also be partitioned or divided in a lawsuit or court action rather than by agreement of the spouses.

Laws regarding marital property partition agreements vary from state to state and are generally located in a state’s statutes—often in the family code or domestic relations code.

In Virginia, marital property partition agreements, commonly referred to as postnuptial agreements, are recognized and enforceable. These agreements allow married couples to determine the division of their marital property and convert it into separate property of one spouse. Virginia does not operate under community property law but rather follows the equitable distribution principle, which means that marital property is divided equitably, but not necessarily equally, in the event of a divorce. The Virginia Code provides the legal framework for these agreements, which must be in writing and signed by both parties. It is important for such agreements to be entered into voluntarily and with full disclosure of assets by both spouses. If a couple cannot reach an agreement, a court may partition the property in a divorce proceeding, taking into account factors such as the contributions of each spouse to the well-being of the family and the duration of the marriage. It is advisable for spouses considering a marital property partition agreement to consult with an attorney to ensure that the agreement complies with Virginia law and adequately protects their interests.