Antenuptial Marital Property Agreement between
Intended Wife and Widower who has Adult Children
This Agreement is made on (date), between (Name of Prospective Husband), of (street
address, city, state, zip code), a widower, hereinafter called Husband, and (Name of
Prospective Wife), of (street address, city, state, zip code), a widow, hereinafter called
Wife.
Whereas, a marriage is about to be solemnized between the parties, Husband being a
widower with living children by a former wife, namely, (names of children), all of lawful
age and all residing in (name of city), (name of state); and
Whereas, Husband is the owner of real estate and personal property as described
below; and
Whereas, Wife has never been married and is of the age of about (number) years old
and without any substantial amount of property, either real, personal, or mixed; and
Whereas, Wife desires the companionship of Husband as well as support and
maintenance by him; and
Whereas, Husband desires to settle and pay to Wife $________, on the conditions
described below, so as to assure her of a reasonable income in the event of his death
prior to the death of Wife; and also to give to Wife during their coverture and during their
respective lives, a good and comfortable home, proper support, and care and
maintenance during coverture; and
Whereas, this Agreement and all its contents have been fairly and fully read by
Husband and Wife; and
Whereas, Husband has title to and is the owner of the real estate described in Exhibit
A attached hereto and made a part hereof, which is reasonably worth $_____________;
Now, therefore, for and in consideration of the matters described above, and of the
mutual benefits and obligations set forth in this Agreement, the parties agree as follows:
1. Release of Marital Property Rights. Husband and Wife shall not by reason of
marriage have or claim to have, any right, title, or interest either as Husband or Wife,
widow or widower or heir, in the property of the other either real, personal, or mixed,
which they or either of them are seized or possessed, or have any title or interest in, or
which they or either of them may later become seized or possessed, or have any right,
title, or interest in, during his or her life or after the death of either of them. The parties
for themselves and each of them, their heirs, executors, administrators, or assigns,
waive, renounce, release, and relinquish each for herself and himself, and their heirs,
executors, administrators, and assigns, or either of them, all their and each of their
respective rights, title, and interest, including homestead right and dower right and right
of widow's award by virtue of the laws of (name of state), and any other state, now or at
any later time in force and effect, in and to all and any of the property of the other,
whether real, personal, or mixed, and wherever it may be situated or found, and which
they might have during his or her life or after the death of either of them.
2. Wife’s Dower and Homestead Rights. Wife agrees that she will not claim or
demand or receive or take any right, title, or interest in the property of Husband during
his lifetime on account of any dower, homestead, or any other right she might have by
virtue of the laws of (name of state), or any other state, in any property, real, personal,
or mixed, which he now owns or is seized or possessed or has any interest in, or which
he may later own, become seized or possessed, or have any interest in, on account of
the marriage and relation of Wife to him. Wife waives, renounces, releases, and
relinquishes any and all dower and homestead rights or any other right in the property of
Husband during his lifetime that she might have by virtue of the laws of (name of state),
or any other state, in any property, real, personal or mixed, which he now owns or is
seized or possessed, or has any right in, or which he may later own, become seized or
possessed or have any interest in on account of the marriage and relation of Wife to
him.
3. Conveyance of Real Estate by Husband. Wife agrees that Husband may after
the intended marriage between the parties has been solemnized, convey, grant, lease,
transfer, and encumber, any real estate or real property or personal property, wherever
situated or found, which he may now be the owner of seized or possessed of, or which
he may later own, possess, or be seized of during his marriage with Wife or at any time,
free and clear of any and all right, title, and interest that Wife may have in them and free
and clear of dower and homestead rights, or any other right of Wife in them under the
laws of (name of state), or any other state. It shall not be necessary in any case for Wife
to join with Husband in the execution of any conveyance, deed of trust, deed, mortgage,
lease, or assignment, or any other document Husband may desire or shall execute at
any time.
4. Rights on Husband’s Death. Wife agrees for herself, her heirs, administrators,
and assigns, that she will not claim or demand or receive or take any right, title, or
interest in the property of Husband at and after his death on account of any dower,
homestead, widow's award, or any other right she might have as his widow, or on
account of the marriage and relation of Wife to him, by virtue of the laws of (name of
state), or any other state, or in any property which he now owns, or is seized or
possessed, or has any interest in, or which he may at any later time own, become
seized or possessed, or have any interest in. Wife waives, renounces, releases, and
relinquishes any and all dower right and homestead right and widow's award and any
other right she might have in the property of Husband at all times after his death as his
widow, heir, or on account of the marriage to him by virtue of the laws of (name of
state), or any other state, or in the property which he now owns or is seized of or
possessed, or has any interest in, or which he may at any later time own, become
seized or possessed, or have any interest in.
5. Conveyance of Real Estate by Heirs. Wife, and her heirs, administrators,
executors, and assigns, agree that the heirs, executors, administrators, assigns,
trustees, legatees, or devisees of Husband, or either of them, may and shall, if they or
either of them so desire, convey, grant, lease, transfer, and encumber any real estate
and personal or mixed property wherever situated which Husband may now be the
owner of or seized or possessed of, or which he may later be the owner of or be seized
or possessed of, free and clear of dower right and homestead right, and widow's award,
or any other right which she might have as his widow or on account of the marriage, by
virtue of the laws of (name of state), or any other state. Wife agrees that it will not be
necessary for her, her hei