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 Georgia, marital property is not recognized as community property as Georgia is an equitable distribution state, not a community property state. This means that during a divorce, marital property is divided equitably, but not necessarily equally, between the spouses. A marital property partition agreement, known in Georgia as a postnuptial agreement, allows spouses to agree on how their property should be classified and divided. This agreement can be used to convert marital property into separate property of one spouse, subject to certain legal requirements. The agreement must be in writing, signed by both parties, and executed with the formalities required for a deed to be recorded. It is important to note that such agreements are subject to scrutiny by the courts and must be entered into voluntarily, with full disclosure by both parties, and the terms must not be unconscionable. If spouses cannot agree on the division of property, a court may partition the property in a lawsuit, considering factors such as the length of the marriage, the contributions of each spouse, and the financial circumstances of the parties. It is advisable for individuals considering a postnuptial agreement or facing a partition lawsuit to consult with an attorney to ensure their rights and interests are adequately protected.