Idaho Code
Idaho Code § 32-919 (2026)
Marriage settlements — Effect of record.
✓ current as of May 2026
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Marriage settlements — Effect of record.
The recording or nonrecording of such contract has a like effect as the recording or nonrecording of a conveyance of real property.
Notes of Decisions
Cited in 5
cases, 1982–2000 · leading case: Matter of Est. of Keeven, 716 P.2d 1224 (Idaho 1986).
Matter of Est. of Keeven, 716 P.2d 1224 (Idaho 1986). “Under Idaho's community property system, any agreement settling the real property rights of husband and wife entered into prior to or during marriage must be in writing, executed and acknowledged in the same manner as conveyances of land.”
Stockdale v. Stockdale, 643 P.2d 82 (Idaho Ct. App. 1982). “Section 32-918 further requires that such agreements be recorded; but section 32-919 provides that if no recording occurs, the effect is the same as that of nonrecording upon a conveyance of real property.”
Stevens v. Stevens, 16 P.3d 900 (Idaho 2000). “Section 32-919 provides that the effect of recording is akin to the effect of recording or non recording of a real property conveyance.”
Liebelt v. Liebelt, 870 P.2d 9 (Idaho Ct. App. 1994). “Therefore, under Idaho Code § 32-919 , it would be the same as a conveyance of real property that had not been recorded, which again brings into question whether or not the parties intended to implement the agreement, was there an adequate delivery, or did the parties abandon…”
Keeven v. Wakley, 716 P.2d 1224 (Idaho 1986). “Under Idaho’s community property system, any agreement settling the real property rights of husband and wife entered into prior to or during marriage must be in writing, exécuted and acknowledged in the same manner as conveyances of land.”
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