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Article: North Dakota Supreme Court says premarital agreement voided
- Article from:
- Lawyers USA
- Article date:
- September 18, 2009
- Author:
CopyrightCopyright 2009 Lawyers USA. Provided by ProQuest LLC. (Hide copyright information)
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A premarital agreement in which a husband and wife agreed to
maintain separate property is voided by their decision to transfer
the separately owned property to themselves as joint tenants, the
North Dakota Supreme Court has ruled in reversing a trial court.
The agreement listed the separate property, including a ranch
owned by the wife and farmland owned by the husband. The husband did
not disclose that he owned only a tiny percentage but had the option
to purchase the rest.
During the marriage, the couple transferred both properties to
themselves as joint tenants with the right of survivorship, for
financing purposes.
At divorce, a court awarded the wife the ranch and portions of
the ...