Husband and Wife; Contracts and Property Rights

Del. Code tit. 13, ch. 3
in effect

Del. Code tit. 13, § 311 Rights of married women.

The property of a married woman, whether real, personal or mixed, and choses in action which she has acquired in any manner, and all the income, rents and profits thereof, shall be deemed to be her sole and separate property. She may sell, convey, assign, transfer, devise, bequeath, encumber or otherwise dispose of the same and she may contract jointly (including with her husband) or separately, sue and be sued and exercise all other rights and powers, including the power to make a will, which a femme sole may do under the laws of this State. Nothing in this section shall be deemed to affect the right of the husband, if he survives his wife, as tenant by the curtesy in the real estate of his wife. Acknowledgments by married women of all instruments relating to or affecting real estate shall be taken as provided in Title 25.

Del. Code tit. 13, § 312 Validation of certain acts completed prior to April 21, 1919.

All sales or other disposition of real estate, mortgages, stocks or silver plate made by a married woman prior to April 21, 1919, and all encumbrances upon her real estate created by a married woman prior to that date, and any disposition of the rents, issues and profits thereof, and the interest upon her mortgages or dividends or other income arising from her stocks, made by a married woman prior to that date without her husband’s consent, which are otherwise valid and lawful, shall not be invalid and unlawful because of the failure of such married woman to secure her husband’s consent in writing thereto.

Del. Code tit. 13, § 313 Married woman as executrix or administratrix; participation and liability of husband.

Any executrix or administratrix, being a married woman, may act in such representative capacity as though she was a femme sole, and the fact of marriage shall not give her husband any right to participate in any manner in the management, direction and settlement of the estate of the deceased, nor shall he be liable for any act or default of hers as such executrix or administratrix, unless he is a party to her bond as such.

Del. Code tit. 13, § 314 Debts of married women; judgment.

All debts contracted before marriage by the wife, or by her authority after marriage, shall be a charge on her real and personal property and a judgment therefor may be recovered against her in her name.

Del. Code tit. 13, § 321 Definitions.

As used in this subchapter: (1) “Premarital agreement” shall mean an agreement between prospective spouses made in contemplation of marriage, and which is effective upon marriage. (2) “Property” shall mean an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.

Del. Code tit. 13, § 322 Formalities.

A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration.

Del. Code tit. 13, § 323 Content.

(a) Parties to a premarital agreement may contract with respect to: (1) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; (2) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property; (3) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event; (4) The modification or elimination of spousal support or alimony; (5) The making of a will, trust, or other arrangement to carry out the provisions of the agreement; (6) The ownership rights in and disposition of the death benefit from a life insurance policy; (7) The choice of law governing the construction of the agreement; and (8) Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty. (b) The right of a child to support may not be adversely affected by a premarital agreement.

Del. Code tit. 13, § 325 Amendment or revocation.

After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. Such amended agreement or revocation is enforceable without consideration.

Del. Code tit. 13, § 326 Enforcement.

(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that: (1) Such party did not execute the agreement voluntarily; or (2) The agreement was unconscionable when it was executed and, before execution of the agreement, that party: a. Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; b. Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and c. Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party. (b) Any issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.

Del. Code tit. 13, § 327 Enforcement; void marriage.

If a new marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

Del. Code tit. 13, § 328 Limitation of actions.

Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the time that the parties to the agreement are married. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title13/c003/sc01/index.htmlFetched: 10/4/2026