Contract releasing rights of wife on agreement of husband to convey real property.

This agreement is entered into this _________, 19__, between _________[name of husband] and _________[name of wife], his wife, for the purpose of clarifying and establishing their respective property interests.

1. Stipulations of Parties. The parties stipulate as follows:

(A). A marriage has been duly had and solemnized between the parties, the marriage having taken place on _________, 19__, in the City of _________, County of _________, State of _________.

(B). Both parties are adults.

2. Conveyance. In consideration of the waiver by _________[name of wife] of all her marital rights in and to the real and personal property of _________[name of husband], as set out more fully below, and in further consideration of the waiver by _________[name of wife] of her right under Section _________ of the Estates, Powers and Trusts Law to elect to take against the will of _________[name of husband], as set out more fully below, _________[name of husband] grants and conveys in fee simple absolute unto _________[name of wife] all that certain real property _________[description].

To have to hold unto _________[name of wife], her heirs and assigns, for her own sole and separate use, benefit, and behalf forever.

To hold and enjoy, all and singular the property, and every part and parcel of it, as and for her separate estate.

3. Waiver of Dower and Marital Rights in Personalty. In consideration of the conveyance of real property as described above, _________[name of wife] waives and agrees to waive all her rights of dower which may have vested in her by reason of her marriage with _________[name of husband], or as his wife or widow, in and to all of the lands, tenements, and hereditaments which he now has or shall during coveture become seised of for life or in fee.

Further, _________[name of wife] for the consideration expressed above agrees to waive all her rights, title, and interest which may be vested in her by virtue of the marriage with _________[name of husband] as his wife or widow, in and to all personal property which is now owned by him or of which she shall become possessed.

4. Waiver of Election To Take Against Husband's Will. In further consideration of the conveyance of real property as described above, _________[name of wife] forever waives releases, and relinquishes any right or claim of any kind, character, or nature, which she may have in and to the estate, property, assets, or other effects of _________[name of husband] under any present or future law of the State of _________ or of any other state or of the United States, and _________[name of wife] forever waives, releases, and relinquishes any right or claim which she now has or may have, pursuant to the provisions of Section _________ of the Estates, Powers and Trusts Law of the State of _________, as the section now exists or may be amended, or pursuant to any present or future law of any state or of the United States to elect to take in contravention of the terms of any last will of _________[name of husband], including any last will now executed or which may be executed hereafter, or any disposition of property made by _________[name of husband] during his lifetime or otherwise.

_________[name of wife] further agrees to refrain from any action or proceeding which may tend to avoid or nullify to any extent or in any particular the terms of any such last will of _________[name of husband].

_________[name of wife] waives the right to letters of administration in the estate of _________[name of husband], and also waives all statutory allowances of any kind under Section _________ of the Estates, Powers and Trusts Law of the State of _________, as the section now exists or may be amended, or any similar or subsequently enacted statute of the State of _________ or of any other state or of the United States. This provision shall not be construed as preventing _________[name of husband] from appointing _________[name of wife] as executrix of his estate.

_________[name of wife] stipulates that she has been fully advised in the premises of the foregoing agreement by legal counsel of her own selection.

[Signatures]

[Approval of wife's counsel]

[Acknowledgments]

 

______________________________________________________________________________________

 

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