Marriage – Postnuptial Agreements – North Dakota

Title 14, Chapter 14.07, 14-07-05. Rights and liabilities of married person.

Any person after marriage has with respect to property, contracts, and torts the same capacity and rights and is subject to the same liabilities as before marriage, including liability to suit by the person’s spouse. In all actions by or against a married person, the married person shall sue and be sued in the person’s own name.

14-07-06. Contracts between husband and wife and third persons as to property.

Either husband or wife may enter into any engagement or transaction with the other or with other persons respecting property which either might enter into if unmarried.

Title 30.1, Article VI, Chapter 30.1-31, 30.1-31-01. (6-101) Nonprobate transfers on death.

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 a similar nature is nontestamentary. This subsection includes a written provision that:

a. Money or other benefits due to, controlled by, or owned by a decedent before death must be paid after the decedent’s death to a person whom the decedent designates either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument, or later;
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; or
c. Any property controlled by or owned by the decedent before death which 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 or at the same time as the instrument, or later.

2. Subsection 1 does not limit rights of creditors under other laws of this state.

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