Idaho Code
Idaho Code § 32-917 (2026)
Formalities required of marriage settlements.
✓ current as of May 2026
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Formalities required of marriage settlements.
All contracts for marriage settlements must be in writing, and executed and acknowledged or proved in like manner as conveyances of land are required to be executed and acknowledged or proved.
Notes of Decisions
Cited in 20
cases (5 in the last 5 years), 1982–2025 · leading case: Papin v. Papin, 454 P.3d 1092 (Idaho 2019).
Papin v. Papin, 454 P.3d 1092 (Idaho 2019). “” I.C. § 32-917. The general rule for 10 conveyances of land states: “A conveyance of an estate in real property may be made by an instrument in writing, subscribed by the party disposing of the same, or by his agent thereunto authorized by writing.”
Van Orden v. Van Orden, 515 P.3d 233 (Idaho 2022). “Dexter argues that Christine failed to assert that the PSA was procedurally invalid before either the magistrate court or the district court. Therefore, she failed to preserve that argument on appeal and the district court erred in sua sponte raising the issue and concluding the…”
Stevens v. Stevens, 16 P.3d 900 (Idaho 2000). “*227 On December 3, 1998, the magistrate judge issued a memorandum decision and order concluding that Idaho Code § 32-917 prohibited enforcement of the spouses’ oral agreement.”
Chavez v. Barrus, 192 P.3d 1036 (Idaho 2008). “” I.C. § 32-917. The general rule for conveyances of land states: “A conveyance of an estate in real property may be made by an instrument in writing, subscribed by the party disposing of the same, or by his agent thereunto authorized by writing.”
Hoskinson v. Hoskinson, 80 P.3d 1049 (Idaho 2003). “Idaho Code § 32-917 prescribes the requisite formalities as follows: “All contracts for marriage settlements must be in writing, and executed and acknowledged or proved in like manner as conveyances of land are required to be executed and acknowledged or proved.”
Wolford v. Wolford, 785 P.2d 625 (Idaho 1990). “" The lower courts' findings were based on four grounds: (1) the note was ambiguous and unclear on its face and did not appear to be a bona fide attempt to formally transmute any interest in CommTek Publishing or its assets; (2) the note was not acknowledged or proved as…”
Stockdale v. Stockdale, 643 P.2d 82 (Idaho Ct. App. 1982). “Idaho Code §§ 32-917 through 32-919, prescribing the formalities, have been in effect since 1867.”
Kelly v. Kelly, 518 P.3d 326 (Idaho 2022). “The magistrate court issued a written order granting Brandon’s motion for partial summary judgment in part, finding that the PNA was valid and binding because Brandi conceded the validity of the PNA and conceded that the PNA complied with Idaho Code section 32-917. The district…”
Reed v. Reed, 44 P.3d 1108 (Idaho 2002). “I.C. §§ 32-917 and 32-918. Here, the contributions at issue were interests in land, and there is no evidence from the documentation or testimony demonstrating compliance with any of these statutory formalities.”
Pike v. Pike, 80 P.3d 342 (Idaho Ct. App. 2003). “Additionally, the district court concluded that, because the parties failed to memorialize any alleged agreement in writing pursuant to I.C. § 32-917, the agreement was unenforceable and the accounts were therefore omitted assets.”
Hopkins v. Idaho State Univ. Credit Union (In Re Herter), 456 B.R. 455 (Bankr. D. Idaho 2011). “The agreement must then be recorded in every county recorder’s office where real estate affected by the settlement is located.”
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.”
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