Premarital Agreement Must Specifically Waive Reimbursement Claims

2025 decisions from the two Houston Courts of Appeals in Houston both say that reimbursement claims are waived by a premarital agreement only if the agreement specifically references reimbursement claims.

McCartney v. McCartney, 14-24-00310-CV (Tex. App. – Houston [14th Dist.] 8/5/2025)(mem. op.) said:

To release a claim effectively, the releasing instrument must “mention” the claim to be released. Victoria Bank & Trust Co. v. Brady, 811 S.W.2d 931, 938 (Tex. 1991). Claims not clearly within the subject matter of the release are not discharged, even if they exist when the release is executed. Id.

[Wife] directs us to two sections by which she contends Thomas released reimbursement claims:

9. If the marriage between Ashley and Thomas ends by divorce, the parties agree that all community property save and except tax-deferred retirement accounts addressed in paragraph 8, shall be divided equally, without regard to either party‘s separate property, earning ability, fault in the break-up of the marriage or any other basis.

Representations and Warranties of Thomas McCartney:   K. I understand that by executing this Agreement I may be adversely affecting my inheritance rights and property and that I am permanently surrendering rights to income and property I would otherwise have under Texas law.

These provisions, however, do not mention, much less explicitly release, reimbursement claims of any estate.

The 14th Court of Appeals concluded that the marital property agreement did not waive reimbursement claims due the community estate.  This ruling is consistent with Pearce v. Pearce, 824 S.W.2d 195, 200 (Tex. App. – El Paso 1991, writ denied).  On the other hand, the following language in a marital property agreement was effective to waive a husband’s claim for economic contribution (what Texas briefly called reimbursement claims):

Any payment or contribution by one of us to satisfy the debts or otherwise benefit the separate estate of the other shall not give rise to a claim for reimbursement or an interest in any property purchased by those payments unless we otherwise agree in writing. Any right of reimbursement that may arise during our marriage for payments or contributions made to the other’s separate estate to the extent any payment is made by one for the benefit of the other shall be presumed to be a gift to the other party‘s separate estate.

Stoker v. Stoker, No. 01-07-00056-CV (Tex. App.- Houston [1st Dist.] Nov. 6, 2008, no pet.) (mem. op.) (emphasis added).

An April 2025 opinion from the Houston First Court of Appeals also says that reimbursement claims are waived by a premarital agreement only if the agreement specifically addresses claims.  Jimenez v. Jimenez, 01-23-00087-CV (Tex. App. – Houston [1st Dist.]  4/22/2025)(mem. op.) rejected the husband’s argument that the couple’s premarital agreement waived reimbursement claims in the event of divorce.

The court stated:

Jason next argues that Ashley waived any reimbursement claims to the community estate when she signed the premarital agreement. Jason contends that the following two paragraphs in the premarital agreement support his argument:

(2) Except as otherwise expressly provided, each of the parties hereby waives, relinquishes, conveys, quitclaims, bars, discharges, surrenders and releases, and hereby agrees to waive, relinquish, convey, quitclaim, bar, discharge, surrender and release, to the other all of the following:

(a) Any and all of his or her right, title and interest of every kind and description, which he or she may have, acquire, enjoy or be seized by reason of, or on or after, their marriage, as the wife, husband, widow or widower of the other party, in the separate property of the other party, whether real, personal and mixed and wherever located. . . .

As Ashley notes, and we agree, reimbursement to the community estate is not mentioned anywhere within the agreement. Because we construe premarital agreements narrowly, we decline to conclude that the paragraphs above served to waive Ashley’s reimbursement rights to the community estate. See Fischer-Stoker, 174 S.W.3d at 278-79 (noting that courts construe premarital agreements narrowly in favor of community estate).