Why Recording a Marriage Contract Matters
Arizona allows married couples to enter into agreements that change how property is owned between them. These are sometimes called prenuptial or postnuptial agreements when they address property rights. But signing the agreement is only half the equation. If the agreement is never recorded, it cannot be enforced against someone who buys the property or lends money against it without knowing the agreement exists.
No covenant or agreement made in consideration of marriage shall be valid against a purchaser for valuable consideration, or a creditor not having notice thereof, unless the covenant or agreement is duly acknowledged and recorded in the manner and form required for deeds and other conveyances.
A.R.S. § 33-413This statute protects people who deal with property in good faith. If a buyer pays fair value for a home and has no reason to know about a private agreement between the spouses, that buyer's interest is protected.
How This Connects to Estate Planning
Couples who sign property agreements as part of estate planning should always record them. A prenuptial agreement that changes property from community to separate ownership, for example, only protects those rights against outsiders if the agreement is on file with the county recorder. Without recording, a creditor could ignore the agreement entirely and treat the property as available to satisfy a debt.
When a property agreement is prepared, recording it with the county is typically part of the process. If an older agreement was never recorded, confirming whether it needs to be filed can prevent problems down the road.
