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TCA 36-3-502

Creditor’s rights

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What does this charge mean?

A marriage contract or prenuptial agreement cannot be used to protect property from the debts a husband owed before the marriage if the wife and children are promised more than what the wife actually received with the marriage plus what the husband actually owned after paying off his debts—if a creditor sues, the person trying to use the marriage contract must prove they are entitled to protection from the creditors' claims. Gifts or inheritances the wife receives during the marriage count toward what she received for the purposes of this rule.

Penalty Details

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(a) No marriage settlement or other marriage contract shall be good against creditors, where a greater value is secured to the intended wife, and the children of the marriage, or either of them, than the portion actually received with the wife in marriage, and such estate as the husband at the time of the husband’s marriage shall be possessed of, after deducting the just debts by the husband then due and owing. Ask a legal question, get an answer ASAP!(b) In case of any suit upon any such marriage contract, where any creditor is a party, the burden of proof lies upon the person claiming under such marriage contract. (c) In such case, any legacy given to the wife in general words, and not in trust, or any distributive share in an estate during coverture, shall be taken as a part of the portion received with the wife, and secured to those claiming under the marriage contract, to make up any deficiency created by the claims of creditors on the property conveyed in the marriage contract.
View on official sourceLast verified: Feb 25, 2026

Quick Facts

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TCA Section36-3-502