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Delaware Postnuptial Agreement Law

Marriage – Postnuptial Agreements – Delaware

Title 13, Chapter 3, Subchapter 1, § 311. Rights of married women.


The property of a married woman, whether real, personal or mixed, and choses in action which she has acquired in any manner, and all the income, rents and profits thereof, shall be deemed to be her sole and separate property. She may sell, convey, assign, transfer, devise, bequeath, encumber or otherwise dispose of the same and she may contract jointly (including with her husband) or separately, sue and be sued and exercise all other rights and powers, including the power to make a will, which a femme sole may do under the laws of this State. Nothing in this section shall be deemed to affect the right of the husband, if he survives his wife, as tenant by the curtesy in the real estate of his wife. Acknowledgments by married women of all instruments relating to or affecting real estate shall be taken as provided in Title 25.

Disclaimer: This law summary is not legal advice. If you are not an attorney, you should consult an attorney about serious legal matters.

Inside Delaware Postnuptial Agreement Law