Postnuptial Contracts Spouses may enter into a postnuptial contract which will be valid and enforceable if it conforms to the requirements in the law. Postnuptial contracts have requirements similar to antenuptial contracts. All property owned by a woman at the time of her marriage continues to be her separate property. During a marriage a woman may acquire property free from control of her husband and from any liability of his debts. However, it is important to note that for purposes of marriage dissolutions, property acquired by either spouse during marriage, except that received by gift or inheritance, is presumed to be marital property, regardless of how title is held.
Marital property is subject to division upon dissolution of marriage.
A spouse may transfer real estate he or she owns, except the homestead, subject to the rights of the other spouse. The practical effect is that both spouses are required to sign all transfers of real estate owned by either or both. Either spouse may give up his or her rights in real estate transferred by the other spouse. Both spouses must sign a deed transferring the homestead. Upon the death of a spouse, property held in joint tenancy passes to the surviving spouse.