1.64 Antenuptial Agreements

1.64.1

In General

State law determines whether the signature of a spouse is required on deeds, mortgages, or other real estate documents that affect the property described in Schedule A of a new title insurance policy.

Neither antenuptial nor postnuptial agreements should be relied upon for the purpose of eliminating the marital rights of spouses not joining in the execution of the real estate instruments. After the title policy is issued, such agreements are frequently the subject of judicial attack on grounds of misrepresentation and violation of public policy.

Unless otherwise authorized by state law, STG requires the specific joinder of the other spouse in the execution of the proposed real estate document, or that the ?nonjoinder spouse? execute a quitclaim deed that contains a purpose clause that waives or relinquishes the signatory's marital rights in the described property. The quitclaim deed must be filed for record in the county or counties where the land is located.