50-state evidence matrix

Property provisions in prenups

Evidence records concerning property classification, control, disposition, and related agreement terms.

37 states have 79 separately catalogued authority records for this topic. 13 states show a visible coverage gap.

50states shown

37with evidence records

79matching authorities

13visible gaps

Manual editorial field guide

Property analysis fails when labels replace tracing. Calling an asset ‘separate’ does not explain title, contributions, income, appreciation, debt, control, sale proceeds, or what happens when one asset is exchanged for another.

417 manually authored words · evidence tables continue below

Create an asset history, not just an inventory

For each significant asset, record ownership before signing, value at the disclosure date, title changes, contributions during marriage, distributions, encumbrances, and current form. Business interests require special care because ownership percentage, voting control, compensation, retained earnings, and appreciation are different economic facts. Real estate needs purchase, mortgage, improvement, and refinance records.

Tracing also follows substitutions. Sale proceeds may enter a joint account, fund another asset, or pay marital expenses. The agreement may address those movements explicitly or leave them unclear. A reviewer should surface the chain rather than infer a classification from the account’s present title.

Separate ownership from economics

An agreement can preserve ownership while allocating income, appreciation, debt service, or management rights differently. It can also define reimbursement when one person contributes labor or funds to the other’s asset. Extract these dimensions separately. Otherwise a summary such as ‘the business stays separate’ can conceal the provision most likely to matter.

The same method applies to retirement accounts, equity compensation, digital assets, trusts, and intellectual property. Identify the underlying asset, the stream of value it produces, the vesting or distribution rules, and the evidence needed to measure each component.

Reconcile the agreement with the outside world

Title records, lender rights, entity restrictions, tax treatment, and third-party claims do not disappear because the parties use a private label. A useful review flags mismatches between the agreement and public or contractual records. It does not promise that the prenup controls a creditor, company, trustee, or recording office.

The result should be a property schedule with confidence levels: confirmed by primary record, stated only in the agreement, disputed, or missing. That is honest, actionable, and much stronger than a prose recital that everything has been disclosed.

Questions for the document

What to ask before drawing a conclusion

How does the agreement treat title, income, appreciation, contributions, debt, control, and proceeds for each asset?
What happens when separate and joint funds mix or one asset is replaced by another?
Do entity documents, deeds, loan agreements, or trust terms permit the promised treatment?
Which valuations are historical estimates, formal appraisals, or unsupported numbers?

Outside evidence

What the agreement cannot prove alone

Dated asset schedule with values, valuation methods, ownership percentages, and encumbrances
Deeds, statements, cap tables, operating agreements, tax returns, and appraisal reports
Contribution, improvement, refinance, sale, transfer, and substitution records
Trust instruments, equity plans, retirement statements, and intellectual-property registrations

State	Coverage	Citations and scoped summaries	Next step
Alabama (AL) al-2026-07-22.3	1 source	Goodwin v. Goodwin, 592 So. 2d 212 (Ala. 1991) Goodwin construes section 43-8-72 and confirms that the scope of a surviving spouse's waiver depends on the agreement's language, including whether an all-rights clause reaches statutory benefits and pre-waiver testamentary benefits.	Open AL checklist →
Alaska (AK) ak-2026-07-23.3	3 sources	Alaska Stat. § 13.12.213 A surviving spouse may waive elective-share, homestead, exempt-property, and family-allowance rights before or after marriage in a signed writing; the statute preserves voluntariness and execution-time unconscionability plus disclosure, written-waiver, and knowledge safeguards. Andrew B. v. Abbie B., 494 P.3d 522 (Alaska 2021) Ordinary contract interpretation applies, but a court may not add a benefit, fund, or promise the parties did not make merely to repair a one-sided agreement. Compton v. Compton, 902 P.2d 805 (Alaska 1995) A valid prenup is persuasive but not conclusive evidence of intent to keep property separate; a court may examine the parties' treatment of particular assets and find transmutation while the agreement remains valid.	Open AK checklist →
Arizona (AZ) az-2026-07-20.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open AZ checklist →
Arkansas (AR) ar-2026-07-22.3	1 source	Ark. Code Ann. § 9-11-401; 1987 Ark. Acts 715, § 1 A premarital agreement is a written agreement between prospective spouses made in contemplation of marriage; property includes broad present, future, income, and earnings interests.	Open AR checklist →
California (CA) ca-2026-07-18.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open CA checklist →
Colorado (CO) co-2026-07-22.3	1 source	C.R.S. § 14-2-302 Colorado defines premarital and marital agreements, amendment, marital rights, property, records, and signatures, including electronic records and signatures.	Open CO checklist →
Connecticut (CT) ct-2026-07-21.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open CT checklist →
Delaware (DE) de-2026-07-21.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open DE checklist →
Florida (FL) fl-2026-07-18.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open FL checklist →
Georgia (GA) ga-2026-07-22.3	2 sources	O.C.G.A. § 19-3-66 Georgia provides for equitable enforcement of an antenuptial agreement at the instance of the marriage parties and, after death, specified offspring or heirs under the referenced probate and equity provisions. Arlotta v. Arlotta, A24A0961 (Ga. Ct. App. Oct. 30, 2024) Arlotta described the Scherer criteria as the governing enforceability framework and reversed a ruling that invalidated property and alimony limits merely because they differed from statutory default remedies.	Open GA checklist →
Hawaii (HI) hi-2026-07-22.3	1 source	Haw. Rev. Stat. § 572D-1 Hawaii defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.	Open HI checklist →
Idaho (ID) id-2026-07-22.3	1 source	Idaho Code § 32-921 Idaho defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.	Open ID checklist →
Illinois (IL) il-2026-07-18.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open IL checklist →
Indiana (IN) in-2026-07-22.3	1 source	Ind. Code §§ 31-11-3-2 to -3 Indiana defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.	Open IN checklist →
Iowa (IA) ia-2026-07-22.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open IA checklist →
Kansas (KS) ks-2026-07-22.3	2 sources	K.S.A. § 23-2402 Kansas defines a premarital agreement as one between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests. In re Marriage of Nelson, 58 Kan. App. 2d 920, 475 P.3d 1284 (2020) Nelson applies whole-document construction to an unambiguous premarital agreement and held that unambiguous joint-tenancy deeds controlled without parol evidence used to impeach their written terms.	Open KS checklist →
Kentucky (KY) ky-2026-07-23.3	3 sources	Gentry v. Gentry, 798 S.W.2d 928 (Ky. 1990); Ky. Rev. Stat. § 403.190(2)(d) Parties may define rights in property they own at marriage or later acquire, and Gentry enforced the exact ownership allocation including jointly titled property rather than substituting a generic separate-property result. Lawson v. Loid, 896 S.W.2d 1 (Ky. 1995) Kentucky has long recognized premarital agreements intended to operate at death, but the scope of any dower, elective, or estate-right release and the disclosure record must be proved. Chenault v. Chenault, 799 S.W.2d 575 (Ky. 1990) Kentucky construes the actual trigger and operative language; Chenault treated its agreement as directed to death rather than divorce, so labels and general recitals cannot replace close textual analysis.	Open KY checklist →
Louisiana (LA) la-2026-07-23.3	2 sources	La. Civ. Code art. 2332 A matrimonial agreement affects third persons as to immovables when filed in the conveyance records where the property is situated and as to movables when filed where the spouses are domiciled. Crow v. Crow, 56,445-CA (La. App. 2 Cir. Nov. 19, 2025) Crow affirmed enforcement after finding insufficient proof of error and explained that joint tax filing or acquiring property during marriage did not automatically convert the agreed separate-property regime.	Open LA checklist →
Maine (ME) me-2026-07-22.3	3 sources	19-A M.R.S. § 602 (2025) Maine defines a premarital agreement as one between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests. Dow v. Billing, 2020 ME 10 Dow applies whole-document interpretation and requires a clear and unmistakable waiver before a general provision surrenders important statutory marital-property rights. Hutchinson v. Gomez, 2026 ME 40 Hutchinson reads the agreement as a whole, enforced broad reciprocal business-asset waivers, and required further consideration of a remedy for a promised condominium purchase that did not occur.	Open ME checklist →
Maryland (MD) md-2026-07-23.3	3 sources	Cannon v. Cannon, 384 Md. 537, 865 A.2d 563 (2005); Herget v. Herget, 319 Md. 466, 573 A.2d 798 (1990) Antenuptial agreements are contracts interpreted under Maryland's objective law of contract interpretation, with attention to the executed language, consideration, and objective intent. Md. Code, Fam. Law § 8-201(c)–(e) Current definitions exclude property from family-home, family-use, or marital-property treatment when a valid agreement applies, subject to the exact subsection and asset. Md. Code, Est. & Trusts § 3-205 A surviving spouse's election rights may be waived before or after marriage by a written contract, agreement, or waiver signed by the waiving party, with statutory consequences for broad all-rights language.	Open MD checklist →
Massachusetts (MA) ma-2026-07-23.3	3 sources	Mass. Gen. Laws ch. 209, § 26 A clearly descriptive property schedule must be annexed, and the contract and schedule recorded before marriage or within ninety days afterward in the specified registry and where affected land lies. DeMatteo v. DeMatteo, 436 Mass. 18, 762 N.E.2d 797 (2002) An enforceable agreement remains a contract whose language, definitions, schedules, triggers, and integrated obligations must be construed. Matter of the Estate of Stacy, 96 Mass. App. Ct. 447, 136 N.E.3d 486 (2019) Stacy enforced plain premarital language waiving claims to identified separate property at death and excluded it from the surviving spouse's intestate-share calculation.	Open MA checklist →
Michigan (MI) mi-2026-07-23.3	3 sources	Reed v. Reed, 265 Mich. App. 131, 693 N.W.2d 825 (2005) Courts construe an enforceable antenuptial agreement as a contract, applying plain language, definitions, schedules, and triggers. MCL 552.401 A court may award a share of property acquired by the other spouse when contribution to its acquisition, improvement, or accumulation is proved. MCL 700.2205 Before or after marriage, survivor rights may be waived by a written contract, agreement, or waiver signed by the waiving party after fair disclosure.	Open MI checklist →
Minnesota (MN) mn-2026-07-23.3	1 source	Minn. Stat. § 524.2-213 A premarital waiver of survivor election and related probate rights must comply with section 519.11; postmarital waivers have the separate writing, signature, and fair-disclosure rule in section 524.2-213.	Open MN checklist →
Mississippi (MS) ms-2026-07-23.3	6 sources	Mabus v. Mabus, 890 So. 2d 806 (Miss. 2003) Mabus enforced agreed separate-property treatment where parties meticulously maintained separate premarital, gift, and inheritance accounts. Hatton v. Hatton, 323 So. 3d 557 (Miss. Ct. App. 2021) An antenuptial agreement is interpreted like another contract, with unambiguous language enforced as written and construction reviewed de novo. Tauzin v. Tauzin, 2024-CA-00141-COA (Miss. Ct. App. 2025) Tauzin construed the actual asset list and pension clause, declining to infer waiver of an omitted retirement account or marital accumulations and recognizing required postmarriage federal-benefit acts. Sanderson v. Sanderson, 170 So. 3d 430 (Miss. 2014) Funds placed in a joint account and used for family purposes may become commingled and fall outside separate-property protection despite traceability claims. Ferguson v. Ferguson, 639 So. 2d 921 (Miss. 1994) A written property-distribution agreement is an important equitable-distribution factor and ordinarily binding, subject to inequitable terms and applicable premarital validity rules. Estate of Bell v. Estate of Bell, 2021-CA-00789-COA (Miss. Ct. App. 2023) Bell recognizes that prospective spouses may clearly waive claims against each other's estates and rejects an interpretation that would nullify that contractual intent automatically.	Open MS checklist →
Missouri (MO) mo-2026-07-23.3	4 sources	Whitenton v. Whitenton, 659 S.W.2d 542 (Mo. Ct. App. 1983) Missouri applies contract construction to determine which property and rights the executed language covers after validity is established. Whitenton v. Whitenton, 659 S.W.2d 542 (Mo. Ct. App. 1983); Mo. Rev. Stat. ch. 452 Later title, transfers, joint use, and tracing may affect whether an asset remains within a separate-property clause. Mo. Rev. Stat. § 474.120 An intestate surviving-spouse waiver requires a written agreement, full disclosure of legal rights and all property interests, and fair consideration under section 474.120. Mo. Rev. Stat. § 474.220 A surviving spouse may waive the right to elect against a will through a written signed agreement after full disclosure of the right and fair consideration.	Open MO checklist →
Montana (MT) mt-2026-07-22.3	2 sources	Mont. Code Ann. § 40-2-603 Montana defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests. In re Marriage of Bliss, 2016 MT 51, ¶¶ 22–25 Bliss applied clear and explicit agreement language to gifted property after separately affirming enforceability under the Act.	Open MT checklist →
Nebraska (NE) ne-2026-07-22.3	1 source	Neb. Rev. Stat. § 42-1002 Nebraska defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.	Open NE checklist →
Nevada (NV) nv-2026-07-22.3	1 source	NRS 123A.030 Nevada defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.	Open NV checklist →
New Hampshire (NH) nh-2026-07-23.3	3 sources	N.H. Rev. Stat. Ann. § 458:16-a New Hampshire's property-distribution statute supplies the background rule against which an enforceable premarital property allocation operates. In the Matter of Yannalfo, 147 N.H. 597 (2002); In the Matter of Nizhnikov, 168 N.H. 525 (2016) Once validity is established, ordinary contract principles govern the language and scope of an antenuptial agreement. In re Estate of Hollett, 150 N.H. 39 (2003) Hollett confirms that a premarital agreement affecting death-time estate rights remains subject to the same heightened validity scrutiny in probate litigation.	Open NH checklist →
New Jersey (NJ) nj-2026-07-22.3	2 sources	N.J. Stat. § 37:2-32 New Jersey defines a premarital or pre-civil-union agreement as one between prospective spouses or civil-union partners made in contemplation of and effective upon that relationship, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests. Steele v. McDonnell, 467 N.J. Super. 414, 255 A.3d 229 (App. Div. 2021), certif. denied, 248 N.J. 235 (2021) Steele held that an agreement executed months after marriage was not a statutory premarital agreement and explained that mid-marriage agreements are generally scrutinized as inherently coercive under different doctrine.	Open NJ checklist →
New Mexico (NM) nm-2026-07-22.3	1 source	N.M. Stat. § 40-3A-2 New Mexico defines a premarital agreement as one between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.	Open NM checklist →
New York (NY) ny-2026-07-18.3	1 source	N.Y. Dom. Rel. Law § 236(B)(1)(c)–(d) The statute defines marital and separate property and recognizes property designated separate by a section 236(B)(3) agreement.	Open NY checklist →
North Carolina (NC) nc-2026-07-22.3	1 source	N.C. Gen. Stat. § 52B-2 North Carolina defines a premarital agreement as one between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.	Open NC checklist →
North Dakota (ND) nd-2026-07-22.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open ND checklist →
Ohio (OH) oh-2026-07-23.3	2 sources	Ohio Rev. Code § 3105.171(A)(6)(a)(v) Property excluded by a valid antenuptial or postnuptial agreement is separate property, subject to tracing and the agreement's actual language. Fletcher v. Fletcher, 68 Ohio St. 3d 464 (1994) Antenuptial agreements are contracts, so ordinary construction applies to their language after Ohio's special validity safeguards are satisfied.	Open OH checklist →
Oklahoma (OK) ok-2026-07-23.3	2 sources	Hendrick v. Hendrick, 976 P.2d 1071 (Okla. Civ. App. 1999); Okla. Stat. tit. 43, § 204 A present interspousal conveyance may change ownership under section 204, but that differs from a postmarital contract contingent on future divorce or death. Okla. Stat. tit. 84, § 44; Talley v. Harris, 1947 OK 218, 182 P.2d 765 A just and reasonable written antenuptial agreement may control survivor inheritance rights and make a will subservient to the agreement.	Open OK checklist →
Oregon (OR) or-2026-07-22.3	1 source	ORS 108.700 Oregon defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.	Open OR checklist →
Pennsylvania (PA) pa-2026-07-22.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open PA checklist →
Rhode Island (RI) ri-2026-07-22.3	3 sources	R.I. Gen. Laws § 15-17-1 A premarital agreement is an agreement between prospective spouses made in contemplation of marriage and effective upon marriage; property includes broad present, future, legal, equitable, income, and earnings interests. Marsocci v. Marsocci, 911 A.2d 690, 699 (R.I. 2006) Marsocci held that the agreement before it did not preclude equitable distribution of transmuted premarital assets or active appreciation resulting from either spouse's marital efforts under section 15-5-16.1(b). Boschetto v. Boschetto, 224 A.3d 824 (R.I. 2020) Boschetto applied ordinary contract meaning to distinguish active account contributions from appreciation where the agreement used 'contributions' and was silent about appreciation.	Open RI checklist →
South Carolina (SC) sc-2026-07-23.3	3 sources	S.C. Code Ann. § 20-3-630(A)(4)–(B) A qualifying written contract may exclude property from the marital estate, which the family court may not apportion. Gilley v. Gilley, 327 S.C. 8, 488 S.E.2d 310 (1997) A valid waiver may remove equitable-division and support claims from family court while leaving ordinary ownership claims for another court. S.C. Code Ann. § 62-2-204(A)–(B) Elective-share, homestead, and exempt-property rights may be waived by a voluntarily signed writing after fair and reasonable written financial disclosures.	Open SC checklist →
South Dakota (SD) sd-2026-07-22.3	2 sources	S.D. Codified Laws § 25-2-16 South Dakota defines a premarital agreement as one between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests. Charlson v. Charlson, 2017 S.D. 11 Charlson affirmed enforcement and whole-document construction of a premarital agreement whose unambiguous terms preserved separate property despite commingling and permitted contract-specific tracing and marital-loan accounting.	Open SD checklist →
Tennessee (TN) tn-2026-07-23.3	2 sources	Tenn. Code Ann. § 36-4-121(b) Tennessee defines marital and separate property, including premarital property, income, appreciation, contributions, gifts, and exchanges. Boote v. Shivers, 198 S.W.3d 732 (Tenn. Ct. App. 2005); In re Estate of Lester Stokes, No. W2021-00249-COA-R3-CV Tennessee applies section 36-3-501 and Randolph to waivers of elective share, exempt property, year's support, homestead, and related survivor rights.	Open TN checklist →
Texas (TX) tx-2026-07-18.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open TX checklist →
Utah (UT) ut-2026-07-22.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open UT checklist →
Vermont (VT) vt-2026-07-23.3	2 sources	15 V.S.A. § 751 Absent an enforceable agreement, Vermont subjects all property to equitable division and lists statutory factors. 14 V.S.A. § 323 A signed written waiver of elective share, homestead, allowances, or other spousal property rights is presumed valid subject to enumerated defenses.	Open VT checklist →
Virginia (VA) va-2026-07-21.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open VA checklist →
Washington (WA) wa-2026-07-23.3	2 sources	RCW 26.09.080 Absent an enforceable agreement, the court makes a just and equitable disposition of community and separate property after statutory factors. RCW 26.16.010–.030 Title 26.16 defines separate and community property and management rights against which contract terms operate.	Open WA checklist →
West Virginia (WV) wv-2026-07-23.5	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open WV checklist →
Wisconsin (WI) wi-2026-07-23.3	4 sources	Wis. Stat. § 766.58(3)(c), (e)–(f), (3m) An agreement may address death disposition and qualifying nonprobate transfers, but chapter 854 applies and dissolution revokes specified provisions. Heise v. Heise, 2004 WI App 186, ¶¶ 15–16 A valid premarital agreement is a binding contract interpreted under ordinary construction rules; courts may not redraft it, and it controls covered property division. Jones v. Estate of Jones, 2002 WI 61, ¶¶ 16–18, 253 Wis. 2d 158, 646 N.W.2d 280 Wisconsin favors premarital agreements, but waiver of statutory homestead protection must be affirmative and supported by the agreement's language. Wis. Stat. § 767.61(3)(L) A written pre- or postmarital property-distribution agreement is a statutory property-division factor but is not binding if inequitable to either party; equity is presumed.	Open WI checklist →
Wyoming (WY) wy-2026-07-23.3	3 sources	Morrison v. Hinson-Morrison, 2024 WY 96, ¶¶ 15–23 Valid premarital agreements are contracts governed by ordinary construction rules; clear language controls and a court may not add an omitted commingling provision. Wyo. Stat. Ann. § 20-2-114 At divorce the court makes a just and equitable property disposition after statutory factors; valid premarital terms control covered property under Lund and Morrison. Wyo. Stat. Ann. § 2-5-102 Unless the waiver provides otherwise, a waiver of all rights or equivalent language operates on the listed survivor rights and specified intestate or pre-waiver will benefits.	Open WY checklist →

Matrix and list placement describes the records in PrenupsAI's current evidence packages. It does not rank legal strictness, predict enforceability, or mean that an unlisted state has no applicable rule. Open the cited sources to inspect the underlying authority.