Texas law presumes all property owned by the parties is community property to be divided by the Court whether in a divorce proceeding or in a probate Court; however, not all property is community property. Often times couples have “separate” property. Separate property is property a person owned prior to marriage, property received as a gift, and inherited property. Debt is also treated as separate in many instances and is called “separate debt.” A Pre-Nuptial Agreement protects you and your separate property from the very beginning so that should a divorce or a probate matter occur, your assets are protected.
http://www.burrowsatlaw.com/practice-areas/texas-prenuptial-...



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Note added at 3 hrs (2012-03-09 10:38:15 GMT)
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I would slightly change the beginning if you don't mind:
If the Pre-Nuptial Agreement implements a separate property regime in regards to...

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Note added at 1 day8 hrs (2012-03-10 16:02:18 GMT)
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I see what you mean, so all in all would sound like that(imho):

If the Pre-Nuptial Agreement implements a separate property regime in regards to the Mortgaged Property... and the regime of separate debts apply under the Loan Agreement,...


some more info on the subject:
Marriage Society: Marriage Propertywww.centrorisorse.org/marriage-society-marriage-property.htmlCached
You +1'd this publicly. Undo
In addition, under the regime of separate debts of Art 5th and 6th of Law 11357, the owner is not liable for the obligations of the other, so that no interest could ...

Kind regards.