Spouses cannot contract with each other concerning their real estate. This means that a deed of real property from one spouse to another is not valid unless it is a deed to create a joint interest between them. Also, the signature of both spouses is necessary in order to effectively convey or mortgage the real property owned by either spouse. A spouse is entitled to receive a certain amount of property from a deceased spouse. The amount of that share depends on whether the deceased spouse has children, the number of the children and whether the deceased made a will intentionally disinheriting the spouse.
Laws concerning the rights of married persons to control their property vary from state to state.
The laws of each state apply to residents of that state and to property acquired during the marriage while a resident. A couple may contract with each other concerning their marital rights by entering into an antenuptial contract prior to marriage. Such a contract should be entered into only after legal advice and full disclosure of assets. An antenuptial contract governs the right of each party in the property owned by the other. It may also vary the rights provided by other state laws.