Provision as to either spouse becoming resident of community property state.

Agreement is made this _________, 19__, between _________, of _________, for convenience referred to as husband, and _________, of _________, for convenience referred to as wife.

Recitals:

The parties intend to marry each other soon, and it is their desire that in case such a marriage is consummated the same shall not in any way change their legal rights, including their rights to separately own, manage, dispose of, or pass by will or intestate laws to beneficiaries or to their blood relatives, such property, real or personal, as they or either of them now own or may acquire both before and after their marriage;

Therefore, it is agreed by and between the parties as follows:

1. Husband has made a full disclosure to wife of all his property and assets, the chief items being vacant and improved real estate in _________, real estate situated in _________, and extensive holdings of stocks, bonds and similar securities, most of which are listed securities and have established market values which are now of a market value of approximately $_____.

2. Wife desires no interest in any property which husband now has or may obtain; but husband nevertheless desires to have wife provided for, and husband agrees to pay wife $_____ per month during life of husband.

3. Husband agrees that so long as such marriage shall continue he will provide a home and meet all usual living and household expenses of both parties.

4. The parties agree that neither of them shall have nor acquire any rights, powers or privileges which might or could arise by virtue of the marital relation which will exist between them, all such rights, including any right of dower, curtesy, homestead, maintenance, inheritance, descent, widow's allowance or award and any other statutory right now or later created to share in the distribution of the other's estate as a surviving spouse, such rights being relinquished and waived; and the parties agree to waive, release, and discharge all rights and claims which they might otherwise have by virtue of the marital relation, and at any time and from time to time, both during and after the termination of the marriage relation, to execute, acknowledge, and deliver any and all deeds and other instruments which may be necessary or appropriate for that purpose.

5. Husband agrees that in case he shall survive wife, he will make no claim to any part of her estate as her surviving husband; and, in case any interest in any part of it shall be held to have passed to him under any law governing the descent and distribution of intestate property, he agrees that he will immediately transfer all such interests so acquired by him to the persons who would have been entitled to receive the same had he not survived wife; and husband waives and relinquishes all right to dower and all other rights in and to any real estate which wife may at any time own, including all of which she may die seized, also all rights in her personal estate which he might otherwise have, as surviving husband, as an heir-at-law, or otherwise.

6. Wife agrees that in case she survives husband, she will make no claim to any part of his estate as his surviving wife; and, in case any interest in any part of it shall be held to have passed to her under any law governing the descent and distribution of intestate property, she agrees that she will immediately transfer all such interests so acquired by her to the persons who would have been entitled to receive the same had she not survived husband; and wife waives and relinquishes all right to dower, homestead and widow's award, and all other rights which might accrue to her by reason of the marital relation, and all rights in and to any real estate which husband may at any time own, including all of which he may die seized, also all rights in his personal estate which she might otherwise have, as his widow, as an heir-at-law, or otherwise.

7. The parties agree that in the event that at any time during the existence of the marital relation between them they should be or become residents of a state under the laws of which husband and wife acquire property interests commonly known as community property or any other property and interests different from the property interests of husband and wife under the laws of the state of _________, their property interests shall nevertheless remain the same as they would have been under the terms and provisions of this agreement construed in accordance with the laws of the state of _________; and the parties agree that they will, each, at any time during or after the termination of the marital relation, make, execute, acknowledge and deliver any and all deeds and other instruments which shall be desirable or necessary to transfer any right, title or interest, in any property or estate of the other which they may acquire by virtue of any so-called community property laws to the persons who would otherwise be entitled to them by virtue of this agreement.

8. Each party agrees that in case the other party shall have occasion, during the existence of the marital relation, to execute any deed, mortgage or other instrument dealing with or transferring any interest in real property belonging to such party, the other party will join in it upon request for the purpose of releasing any dower and homestead interest in such property for the benefit of the other party and of the grantee of such instrument, such instrument not to, however, impose any personal liability upon the party so joining in its execution for the purpose.



______________________________________________________________________________________

 

More Real Estate Forms

 

Browse Real Estate Forms & Mortgage Forms Alphabetically

 

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

 



Home Courses Real Estate Forms Income Properties For Sale Forums Real Estate Articles   

Copyright © 2001 - 2006, Buy Income Properties, Inc. All Rights Reserved. Privacy Policy in Observance.