TITLE 32

DOMESTIC RELATIONS

CHAPTER 9

HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY

32-918.  Marriage settlements — Record. (1) When such contract is acknowledged or proved, it must be recorded in the office of the recorder of every county in which any real estate may be situated which is granted or affected by such contract.

(2)  (a) A summary of the contract may be recorded in lieu of the contract, under this chapter or the laws of this state, if the requirements of this section are substantially met.

(b)  A summary of the contract shall be signed and acknowledged by all parties to the original contract. The summary of the contract shall clearly state:

(i)   The names of the parties to the original contract;

(ii)  The complete mailing address of all parties;

(iii) The title and date of the contract;

(iv)  A description of the interest or interests in real property created by the contract; and

(v)   The legal description of the property.

(c)  Other elements of the contract may be stated in the summary.

(3)  If the requirements of this section are met, the summary of the contract may be recorded under the provisions of this chapter and, as to the contents of the summary only, it shall have the same force and effect as if the original contract had been recorded, and constructive notice shall be deemed to be given concerning the contents of the summary and the existence of the contract to any subsequent purchasers, mortgagees, or other persons or entities that acquire an interest in the real property.

History:

[(32-918) 1866, p. 65, sec. 17; R.S., sec. 2510; reen. R.C. & C.L., sec. 2691; C.S., sec. 4672; I.C.A., sec. 31-919; am. 2005, ch. 124, sec. 1, p. 408.]