Idaho Code
Idaho Code § 32-916 (2026)
Property rights governed by chapter.
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Property rights governed by chapter.
The property rights of husband and wife are governed by this chapter, unless there is a marriage settlement agreement entered into during marriage containing stipulations contrary thereto.
Notes of Decisions
Cited in 15
cases (1 in the last 5 years), 1967–2022 · leading case: Papin v. Papin, 454 P.3d 1092 (Idaho 2019).
Papin v. Papin, 454 P.3d 1092 (Idaho 2019). “Veronika argued that the Covenant is not a “binding or valid premarital agreement pursuant to I.C. § 32-916, et seq. and in accordance with leading Idaho case law.”
Suchan v. Suchan, 682 P.2d 607 (Idaho 1984). “Although there is no Idaho case law authorizing agreements which transmute property at the time of the execution of the agreement as there is in Washington, I.C. § 32-916 does provide such authorization.”
Horton v. Horton, 518 P.3d 359 (Idaho 2022). “” I.C. § 32-916 (italics added). Thus, if the Stipulation resolved the later disagreements between parties, the Stipulation—and not community property law—controls.”
Wolford v. Wolford, 785 P.2d 625 (Idaho 1990). “As stated in I.C. § 32-916, "The property rights of husband and wife are governed by this chapter, unless there is a marriage settlement agreement entered into prior to or during marriage containing stipulations contrary thereto.”
Stockdale v. Stockdale, 643 P.2d 82 (Idaho Ct. App. 1982). “Idaho Code § 32-916 , before amendment, and sections 32-917 through 32-919, have California counterparts in former California Civil Code §§ 178-181 (reen.”
Reed v. Reed, 44 P.3d 1108 (Idaho 2002). “” I.C. § 32-916. The formalities required of a valid marriage settlement are that it be in writing, that it be executed and acknowledged in the same manner as conveyances of land, and if it affects real property, that it be recorded in the county in which any affected real…”
Quiring v. Quiring, 944 P.2d 695 (Idaho 1997). “The district court did just this when it discussed legality in the context of whether contracts between spouses in contemplation of divorce are illegal: These types of agreements are not illegal; Idaho Code § 32-916 and I.C. § 32-917 allow marriage settlement agreements.”
Stevens v. Stevens, 16 P.3d 900 (Idaho 2000). “1 The other relevant provision is I.C. § 32-916, which provides: The property rights of husband and wife are governed by this chapter [Chapter 9], unless there is a marriage settlement agreement entered into during marriage containing stipulations contrary thereto.”
Hopkins v. Idaho State Univ. Credit Union (In Re Herter), 456 B.R. 455 (Bankr. D. Idaho 2011). “Idaho Code § 32-916 ; see Suchan v. Suchan, 106 Idaho 654 , 682 P.”
Weilmunster v. Weilmunster, 858 P.2d 766 (Idaho Ct. App. 1993). “I.C. § 32-916; Wolford v. Wolford, 117 Idaho 61, 65 , 785 P.”
New Phase Investments v. Jarvis & DAFCO, 280 P.3d 710 (Idaho 2012). “Idaho Code § 32-916 provides: “The property rights of husband and wife are governed by this chapter, unless there is a marriage settlement agreement entered into during marriage containing stipulations contrary thereto.”
H&W v. The Est. of Wiggins, 306 P.3d 201 (Idaho 2013). “I.C. § 32-916 et seq. There is no dispute that the MSA had the effect of removing Vivian’s community property from her estate for purposes of Medicaid eligibility, a transfer contemplated and permitted by 42 U.”
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