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    Prenups for the Post-NFT Age: Protecting Digital Assets in Texas Marriage Agreements

    Lakisha DavisBy Lakisha DavisMay 3, 2025
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    Prenups for the Post-NFT Age Protecting Digital Assets in Texas Marriage Agreements
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    The new shape of wealth

    Crypto coins, digital art, and tokens worth real money now sit beside houses and cars. Many Texans hold these assets in private wallets that no court clerk can see. If a marriage ends, the stakes are large. A clear prenuptial agreement makes the split calm and fair.

    Texas rules for prenups

    Texas follows the Uniform Premarital Agreement Act. The law sits in Chapter 4 of the Family Code. A prenup must be written and signed by both partners. No payment is needed to make it valid. The couple can address rights in any property they own, no matter when or where they got it.

    Are coins and tokens “property”?

    The Code defines property in broad words. It covers any present or future interest, legal or fair, in real or personal items. Courts already treat patents and song rights as property. Digital coins and NFTs also fit that mold because they live on a chain but still hold value.

    Community property risks

    Texas calls most assets gained during marriage “community.” Each spouse owns half. Crypto bought with shared funds is likely community too. If one spouse mined coins before the wedding, those coins may stay separate, yet growth during marriage could be shared. Clear terms in a prenup avoid long fights later.

    What makes digital assets tricky

    Prices jump by the hour. A wallet worth six figures today may fall by half next week. Some holdings hide behind random strings and cold wallets. Moving tokens needs private keys. Selling can trigger big capital gains tax. Non-fungible tokens cannot split in half, so one spouse may keep the art while paying the other with cash. These twists demand careful draft work.

    For a plain view of the real-world problems, a Texas legal guide explains how hidden crypto often surfaces in divorce audits (source).

    Key terms every digital prenup should include

    Name each asset

    List the exact coins, wallet addresses, token IDs, website domains, and online stores. Vagueness breeds disputes.

    Set separate versus community lines

    State which items each spouse keeps as their own. Note how gains or new tokens earned during marriage will be treated.

    Pick a value method

    Say which exchange rate or index fixes the price on a set date. For NFTs or online brands, require a neutral appraiser who knows digital markets.

    Explain the split

    For coins, plan a direct wallet transfer. For an NFT, allow one spouse to buy out the other or agree to sell and share cash. Spell out how private keys will pass hands.

    Cover taxes and fees

    Assign who pays any capital-gains bill or gas fee. Clear rules stop blame later.

    Demand full disclosure

    Require both partners to update a joint ledger of all wallets and tokens at set times. Hidden accounts become less likely.

    Plan for growth

    Add a clause that future digital buys follow the same terms. The agreement stays current even as new tokens appear.

    Review often

    Tech moves fast. The couple can add a check-in every two years with a lawyer to keep the prenup fresh.

    Special note on NFTs

    Each NFT stands alone. Two copies do not exist. The artwork’s value may depend on hype, creator fame, and resale rights. A prenup should cite the token’s chain, contract address, and any built-in royalty plan. If one spouse keeps the piece, the other should get fair offset value or share in future sale proceeds.

    What courts may do

    Texas courts have long handled patents, copyrights, and trade names. They use fair-market value or income potential to set worth. The same ideas can guide judges on crypto, NFTs, and metaverse land. Yet case law is still thin. Couples who draft clear terms now will not wait on future rulings.

    Closing thoughts

    Digital wealth is no fad. It is a normal part of many Texas balance sheets. A short, plain prenup can guard both partners, cut stress, and keep private keys safe. Talk with a Texas family lawyer who understands the chain and the law. Then walk into marriage with clear eyes and calm minds.

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    Lakisha Davis

      Lakisha Davis is a tech enthusiast with a passion for innovation and digital transformation. With her extensive knowledge in software development and a keen interest in emerging tech trends, Lakisha strives to make technology accessible and understandable to everyone.

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