Title 32 — DOMESTIC RELATIONS

32-901. Mutual obligations. Husband and wife contract toward each other obligations of mutual respect, fidelity and support.

32-903. Separate property of husband and wife. All property of either the husband or the wife owned by him or her before marriage, and that acquired afterward by either by gift, bequest, devise or descent, or that which either he or she shall acquire with the proceeds of his or h…

32-904. Separate property of wife — Management. During the continuance of the marriage, the wife has the management, control and absolute power of disposition of her separate property, and may bargain, sell and convey her real and personal property, and may enter into any contrac…

32-905. Separate property of wife — Marriage settlement not affected. Nothing in the two (2) preceding sections contained shall invalidate, alter or change any marriage settlement now made or to be made hereafter.

32-906. Community property — Income from separate and community property — Conveyance between spouses. (1) All other property acquired after marriage by either husband or wife is community property. The income, including the rents, issues and profits, of all property, separate or…

32-906A. Community property conveyed in a revocable trust remains community property. Where community property, before or after the effective date of this section, is transferred by the husband and wife to a trust, regardless of the identity of the trustee, which trust originally…

32-907. Inventory of wife’s property. A full and complete inventory of the separate personal property of the wife may be made out and signed by her, acknowledged or proved in the manner required by law for the acknowledgment or proof of a conveyance of real property by an unmarri…

32-908. Effect of filing inventory. The filing of the inventory in the recorder’s office is notice and prima facie evidence of the title of the wife.

32-909. Earnings of wife living separate from husband [Unconstitutional]. The earnings and accumulations of the wife and of her minor children living with her or in her custody, while she is living separate from her husband are the separate property of the wife.

32-910. Liability for antenuptial debts. The separate property of the husband is not liable for the debts of the wife contracted before the marriage.

32-911. Wife’s liability for personal debts. The separate property of the wife is not liable for the debts of her husband, but is liable for her own debts contracted before or after marriage.

32-912. Control of community property. Either the husband or the wife shall have the right to manage and control the community property, and either may bind the community property by contract, except that neither the husband nor wife may sell, convey or encumber the community rea…

32-913. Payments from employee benefit plans — Adverse claims. Whenever payment or refund is made to an employee, former employee, or such person’s beneficiary or heirs, legatees or estate pursuant to a written retirement, death, stock, or other employee benefit plan or savings p…

32-914. Curtesy and dower abolished. No estate is allowed the husband tenant by curtesy upon the death of his wife, nor is any estate in dower allotted to the wife upon the death of her husband.

32-916. Property rights governed by chapter. The property rights of husband and wife are governed by this chapter, unless there is a marriage settlement agreement entered into during marriage containing stipulations contrary thereto.

32-917. Formalities required of marriage settlements. All contracts for marriage settlements must be in writing, and executed and acknowledged or proved in like manner as conveyances of land are required to be executed and acknowledged or proved.

32-918. Marriage settlements — Record. (1) When such contract is acknowledged or proved, it must be recorded in the office of the recorder of every county in which any real estate may be situated which is granted or affected by such contract. (2) (a) A summary of the contract may…

32-919. Marriage settlements — Effect of record. The recording or nonrecording of such contract has a like effect as the recording or nonrecording of a conveyance of real property.

32-920. Marriage settlements — Capacity of minor. A minor capable of contracting marriage may make a valid marriage settlement.

32-921. Definitions. As used in this act: (1) "Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. (2) "Property" means an interest, present or future, legal or equitable, vested or contingent, …

32-922. Formalities. A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration. The premarital agreement shall be executed and acknowledged or proved as provided in sections 32-917 through 32-919, Idaho Code.

32-923. Content. (1) Parties to a premarital agreement may contract with respect to: (a) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; (b) The right to buy, sell, use, transfer, exchan…

32-924. Effect of marriage — Amendment — Revocation. A premarital agreement becomes effective upon marriage. After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable …

32-925. Enforcement. (1) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that: (a) That party did not execute the agreement voluntarily; or (b) The agreement was unconscionable when it was executed and, before execution of the agre…

32-926. Enforcement — Void marriage. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

32-927. Limitation of actions. Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled as to the premarital agreement during the marriage of the parties. However, equitable defenses limiting the time for enforcement, …

32-928. Application and construction. This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.

32-929. Short title. This act may be cited as the "Uniform Premarital Agreement Act."