Title 40, Title 40

A husband and wife may hold real or personal property together, jointly or in common.

(1) A husband or wife, solely on the basis of being a spouse, is not answerable for the acts of the other spouse or liable for the debts contracted by the other spouse, except that the expenses for necessities of the family and of the education of the spouses' children are charge…

A married person may sue and be sued in the same manner as if the person were single.

A married person may be a personal representative, guardian, conservator, or trustee and may personally be bound and may bind the estate the person represents without any act or assent on the part of the person's spouse.

A person has a cause of action against the person's spouse for damages caused by the spouse's intentional tort against the person, and the common-law doctrine of interspousal tort immunity is, to that extent, abolished.

Neither husband nor wife has any interest in the property of the other, except as mentioned in 40-2-102, but neither can be excluded from the other's dwelling unless enjoined by a court.

All the property of a married person owned before marriage and that acquired afterwards is that person's individual property. The married person may, without consent, agreement, and signature of the person's spouse, convey and transfer the person's individual property, real or pe…

A married person's title to and ownership of the person's individual property may be proved or demonstrated in the same manner that a single person's ownership of or title to a single person's individual property may be proved. However, if a married person chooses, the person may…

The filing of the inventory in the clerk's office is notice and prima facie evidence of the title of the person so filing.

The earnings and accumulations of a married person are not liable for the debts of that person's spouse except for debts incurred for necessary articles procured for the use and benefit of the married person, the person's spouse, or minor children.

The earnings and accumulations of a married person and of the person's minor children living with the person or in the person's custody, while the person is living separate from the person's spouse, are the individual property of that person except that, to the extent that a mutu…

All work and labor performed by a married person for a person other than the married person's spouse and children must, unless there is a written agreement on the person's part to the contrary, be presumed to be performed on the person's separate account. This section does not af…

The property of a married person is not liable for the debts of the person's spouse contracted before marriage.

Individual property of a married person listed in an inventory as provided in 40-2-203 and 40-2-204 or otherwise proved to be the individual property of the married person is exempt from all debts and liabilities of that person's spouse, except: (1) when the debt or liability is …

For purposes of determining whether a married person's earnings or individual property is exempt from the debts incurred by the person's spouse, the phrase "necessary articles" includes all goods and services that are reasonably required to provide for the health, welfare, comfor…

Either husband or wife may enter into any engagement or transaction with the other or with any other person respecting property which either might, if unmarried, subject in transactions between themselves to the general rules which control the actions of persons occupying confide…

The contracts made by a married person with respect to the person's individual property, labor, or services are not binding upon the person's spouse and do not render the spouse or the spouse's property liable for the contracts. However, the contracting person and that person's i…

A husband and wife cannot by any contract with each other alter their legal relation, except as to property and except that they may agree, in writing, to an immediate separation and may make provision for the support of either of them and of their children during such separation…

The mutual consent of the parties is a sufficient consideration for such an agreement as mentioned in 40-2-303.

The property rights of the husband and wife are governed by parts 1 through 3 of this chapter, unless there is a marriage settlement containing stipulations contrary thereto.

Except as provided in part 6 of this chapter, all contracts for marriage settlements must be in writing and executed and acknowledged or proved in like manner as a grant of land is required to be executed and acknowledged or proved.

Except as provided in part 6 of this chapter, the recording or nonrecording of such contract has a like effect as the recording or nonrecording of a grant of real property.

A minor capable of contracting marriage may make a valid marriage settlement, as herein provided.

This part may be cited as the "Uniform Premarital Agreement Act".

This part must be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this part among the states enacting it.

As used in this part, the following definitions apply: (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…

A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration.

(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, exchange, abandon, lea…

A premarital agreement becomes effective upon marriage.

After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by both parties. The amended agreement or the revocation is enforceable without consideration.

(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 agreement, that party: (i…

If a marriage is declared invalid, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available …