§ 4.13 Promises to Convey Property During Marriage

• Jurisdiction: United States
• Publication year: 2021

§ 4.13 Promises to Convey Property During Marriage

If a premarital agreement contains a promise to convey property after the wedding, such a promise generally is enforceable.⁴⁹⁸ Unless the contract provides to the contrary, the promise is not considered contingent upon the marriage continuing for any certain period. Of course, if the marriage ends quite quickly in divorce, this could present an "encouraging divorce" issue.⁴⁹⁹

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Notes:

^[498] See Ferrito v. Ferrito, 559 N.Y.S.2d 627 (N.Y.C. Civ. 1990).

^[499] See § 4.03[2] supra.