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 Mississippi, marital property is not recognized as community property since Mississippi 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 in Mississippi, also known as a postnuptial agreement, allows married spouses to agree on how their marital property should be divided in the event of a divorce or death. Such agreements must be in writing and signed by both parties. They are subject to certain legal requirements to be enforceable, including full disclosure of assets and liabilities, and they must not be entered into under duress or undue influence. If spouses cannot agree on the division of property, the chancery court will divide the property based on equitable distribution principles. It's important to note that while spouses can agree to partition or exchange certain marital property, such agreements are subject to the court's review for fairness and compliance with Mississippi law.