Dale Johnson v. Denise Walters, Independent of the Estate of Inga J.Johnson, 14-15-00759-CV

Dale and Inga Johnson married in 2005; before marriage Dale owned four Humble, Harris County, Texas properties.
In 2008 Dale conveyed an undivided one-half interest in those properties to Inga, so both held undivided one-half interests as their separate property.
Inga filed for divorce in January 2010; on July 1, 2011 the parties executed an Informal Settlement Agreement (ISA) intended to be governed by Tex. Fam. Code § 6.604.
The ISA contemplated a future Partition or Exchange Agreement (never signed) and incorporated some terms by general reference to a manual; it did not require Inga to execute deeds.
Inga died December 14, 2011; the ISA was never submitted to the divorce court for a "just and right" determination under § 6.604(d).
Appellee (executor Walters) concedes the enforceability of the ISA is a controlling legal issue and does not oppose permissive interlocutory appeal.

Issue	Plaintiff's Argument (Dale)	Defendant's Argument (Walters)	Held
Whether an ISA executed under Tex. Fam. Code § 6.604 that contemplates a future Partition/Exchange and references external material is binding/enforceable as a conventional contract without a court "just and right" determination	The ISA is a binding agreement between the parties and should be enforceable as a conventional contract despite contingent/future formalities	§6.604 requires the trial court to find the ISA's terms "just and right" before the agreement is binding on the court; here that step never occurred, and the contemplated Partition/Exchange cannot transfer separate property interests	Appellee agrees the question is a controlling legal issue and does not oppose granting permissive interlocutory appeal (no final judicial determination in the filing)

In the Interest of M.A.H., A.B.H., and C.T.H., 365 S.W.3d 814 (Tex. App.—Dallas 2012) (discusses binding effect of §6.604 agreements on parties vs. on the court and the court's "just and right" review)
Byrnes v. Byrnes, 19 S.W.3d 556 (Tex. App.—Fort Worth 2000) (separate property limitations on transfer by family settlement/partition agreement)