Marriage – Postnuptial Agreements – Michigan

Chapter 557.23 Common law disability of married women to contract abrogated.

Sec. 3. The common law disability of married women to make and enter into a contract is abrogated.

557.24 Contract by married woman; liability of husband for breach of contract.

Sec. 4. (1) A married woman may enter into a contract with respect to her separate property as described in section 1. She may bring an action to enforce the contract, recover damages for breach of the contract, or seek other remedy with respect to the contract as provided by law. The married woman shall be personally liable upon the contract and a judgment entered against the woman may be satisfied out of the separate property as described in section 1.

(2) The husband of a married woman shall not be liable for breach of a contract which was entered into by the married woman and which relates to the separate property of the married woman as provided in subsection (1) unless the husband acted as a surety, co-signor, or guarantor on the contract.

Chapter 700, Article VI, Part 1, 700.6101 Provision for nonprobate transfer on death in written instrument; nontestamentary in nature; intent of provision; limitation on creditors’ rights.

Sec. 6101. (1) A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage, promissory note, certificated or uncertificated security, account agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual retirement plan, employee benefit plan, trust, conveyance, deed of gift, marital property agreement, or other written instrument of similar nature is nontestamentary. This subsection includes a written provision in the instrument that is intended to result in 1 or more of the following:

(a) Money or another benefit due to, controlled by, or owned by a decedent before death is paid after the decedent’s death to a person, including a testamentary trustee, whom the decedent designates either in the instrument or in a separate writing, including a will, executed either before, at the same time as, or after the instrument.
(b) Money due or to become due under the instrument ceases to be payable in the event of death of the promisee or the promisor before payment or demand.
(c) Property the decedent controls or owns before death that is the subject of the instrument passes to a person the decedent designates either in the instrument or in a separate writing, including a will, executed either before, at the same time as, or after the instrument.

(2) This section does not limit creditors’ rights under another law of this state or another state or under federal law.

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