2021 Georgia Code
Title 19 - Domestic Relations
Chapter 3 - Marriage Generally
Article 3 - Antenuptial Agreements, Marriage Contracts, and Postnuptial Settlements
§ 19-3-64. Voluntary Execution of Antenuptial Agreement; Conveyance of Property During Marriage
A person may voluntarily execute an antenuptial agreement, or he or she may at any time during the marriage, either indirectly through trustees or directly to his or her spouse, convey any property to which he or she has title, subject to the rights of prior purchasers or creditors without notice.
(Orig. Code 1863, § 1725; Code 1868, § 1766; Code 1873, § 1776; Code 1882, § 1776; Civil Code 1895, § 2481; Civil Code 1910, § 3000; Code 1933, § 53-404; Ga. L. 2018, p. 155, § 1-1/HB 190.)
The 2018 amendment, effective July 1, 2018, in this Code section, substituted "person may voluntarily execute an antenuptial agreement," for "spouse may voluntarily execute an agreement described in Code Section 19-3-62", twice inserted "or she", and inserted "or her".
RESEARCH REFERENCES
C.J.S.
- 41 C.J.S., Husband and Wife, §§ 144, 145.
ALR.
- Conveyance of interest in community property by one spouse to other, 37 A.L.R. 282.
Action for tortious interference with bequest as precluded by will contest remedy, 18 A.L.R.5th 211.
JUDICIAL DECISIONS
Property of bankruptcy estate.
- Since the Chapter 7 debtor pre-petition executed a deed conveying the debtor's interest in property to the debtor's spouse as part of the parties' settlement agreement before a divorce proceeding was filed, the debtor had no interest in the property on the bankruptcy petition date because the property was transferred pursuant to the deed and not pursuant to the settlement agreement. In re Randolph, 546 Bankr. 474 (Bankr. N.D. Ga. 2016).
Trial court did not abuse discretion in setting aside agreement.
- Because the evidence supported a finding that one spouse failed to make a full and fair disclosure of assets, income, and liabilities to the other spouse prior to the execution of an antenuptial agreement, hiding specific facts of the spouse's true financial status, the trial court did not abuse the court's discretion in setting the agreement aside. Blige v. Blige, 283 Ga. 65, 656 S.E.2d 822 (2008).
