§ 4.04 Spouse Buying

• Jurisdiction: United States
• Publication year: 2021

§ 4.04 Spouse Buying

It is common knowledge that financial concerns significantly affect marriage decisions.³³⁴ If the financial aspect becomes too pronounced, however, some courts get quite uncomfortable.³³⁵

For example, in a New Mexico case, a husband sued the executor of his wife's estate.³³⁶ He alleged that his wife had agreed to leave him all of her property if he married her and took care of her until her death. One of the reasons the court gave for not honoring the claim was:

"[I]t is the policy of this state to foster and protect the marriage institution. It is not the policy of the state to encourage spouses to marry for money."

The holding of the case is unclear. Surely the husband's agreement to marry was adequate consideration. In any event, cases such as these certainly suggest that a promise to transfer property in exchange for a promise to marry might not be enforced in some states.

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Notes:

^[334] See, e.g., Ackerman, The Only Guide You'll Ever Need to Marry Money (1982).

^[335] See, e.g.: In re Estate of Lord, 93 N.M. 543, 602 P.2d 1030 (1979); Tellez v. Tellez, 51 N.M. 416, 186 P.2d 390 (1947).

^[336] In re Estate of Lord, 93 N.M. 543, 602 P.2d 1030 (1979).