Texas Divorce Property Settlement Agreement (also called a Marital Settlement Agreement or Mediated Settlement Agreement) is often the most important document in an agreed divorce in Texas. As a Texas family law attorney with over 12 years of experience drafting and negotiating these agreements, I’ve helped hundreds of couples avoid expensive trials by using clear, enforceable settlement documents. In this guide, I’ll give you my battle-tested Texas divorce settlement agreement template for free, explain every section line-by-line, and show you exactly how to customize it for your situation.
Important Disclaimer: This template and article are for informational purposes only and do not constitute legal advice. Laws change, and every case is unique. Always consult a licensed Texas family law attorney before signing any agreement. Neither I nor this website will be liable for any use of this template.
A Texas divorce property settlement agreement is a legally binding contract between spouses that resolves all financial and property issues in a divorce. When filed with the court and incorporated into the Final Decree of Divorce, it becomes an enforceable court order.
Texas is a community property state (Texas Family Code § 7.003), meaning assets acquired during marriage are presumed community property and must be divided in a “just and right” manner—not necessarily 50/50. A well-drafted settlement agreement overrides the default court division and gives you control over the outcome.
In 2024-2025, more than 90% of contested divorces in major Texas counties (Harris, Dallas, Travis, Tarrant, Bexar) settled through mediation rather than trial. Once both parties and attorneys sign a Texas divorce mediation memorandum that meets the requirements of Texas Family Code § 6.602, it is irrevocable and binding—even if someone changes their mind the next day.
That’s why my template is structured as a § 6.602-compliant Mediated Settlement Agreement that can later be expanded into a full property settlement agreement if needed.
Click here to download the free Texas Divorce Property Settlement Agreement Template (Word .docx)
The template includes:
The very first paragraph contains the magic words required by Texas law: “This agreement meets the requirements of Texas Family Code § 6.602 and is not subject to revocation.” Without this, your agreement can be withdrawn before the prove-up hearing.
Include county of filing, full legal names, and exact marriage date. I always pull this from the original marriage certificate to avoid later challenges.
Texas allows “Insupportability” (no-fault) in virtually every agreed divorce. We state both parties want the marriage dissolved on this ground.
| Property Address | Awarded To | Refinance Deadline | Owelty Lien (if any) |
|---|---|---|---|
| 123 Main St, Austin, TX | Wife | June 1, 2026 | Husband receives $85,000 owelty deed of trust |
Most plans require a separate Qualified Domestic Relations Order. My template includes pre-approved QDRO language that many plan administrators accept without modification (source: IRS QDRO guidelines – IRS.gov).
List year, make, model, VIN, lienholder, and who assumes the debt. Texas DMV Form 130-U must be signed at closing.
Include exact account numbers and current balances as of mediation date. Many couples forget Robinhood, Coinbase, or Venmo balances—don’t be those people.
Explicitly list every credit card, student loan, HELOC, and tax debt. Include indemnity language: “Husband shall hold Wife harmless…” This is the clause that actually gets enforced when someone stops paying.
Contractual alimony is enforceable even when statutory alimony is not. Texas Family Code Chapter 8 limits court-ordered maintenance, but you can agree to more generous terms.
IRS rules changed in 2019—alimony is no longer deductible. My template reflects current law and includes IRS Form 8332 language for child dependency claims (see IRS.gov Form 8332).
While a full parenting plan is separate, the MSA usually contains the major terms: conservatorship, possession schedule, child support, and health insurance.
Once signed, neither party can come back later asking for more property (with rare fraud exceptions).
Waiting period: 60 days from filing date (Texas Family Code § 6.702)—no exceptions except rare military cases.
Do not use a template if:
In those cases, hire an experienced attorney immediately.
After drafting literally thousands of these agreements, I can tell you that the couples who invest time in a fair, detailed Texas divorce property settlement agreement almost always fare better emotionally and financially than those who let a judge decide. Download the free template above, customize it carefully, have it reviewed by separate attorneys, and you can achieve an agreed divorce in Texas that truly closes the chapter.
Again—download your free 2025 template here: Texas Divorce Property Settlement Agreement Template (Word)
This is not legal advice. Always consult a licensed Texas attorney before signing any legal document.
Published November 2025 – Template last updated to reflect 2025-2026 Texas Family Code and IRS changes.