§ 19-3-64.Voluntary execution of antenuptial agreement; conveyance of property during marriage
Chapter 3. Marriage Generally · Article 3. Antenuptial Agreements, Marriage Contracts, and Postnuptial Settlements · Last amended 2018 · Last verified October 9, 2026
Full Text of § 19-3-64
Plain-English Summary
This section confirms two freedoms. First, a person may voluntarily execute an antenuptial agreement. Second, a person may, at any time during the marriage, convey any property to which he or she has title, either directly to his or her spouse or indirectly through trustees.
The word “voluntarily” fits the policy of free choice stated in § 19-3-7, which deems contracts made to hinder or force a marriage fraudulent and void. This section doesn’t set a test for whether an agreement was signed voluntarily, and it doesn’t list what makes an agreement involuntary. Those are questions of fact for the court.
The conveyance rule covers transfers after the wedding. A spouse can transfer property he or she has title to, either to the other spouse or to trustees, at any time during the marriage. The transfer is subject to the rights of prior purchasers or creditors without notice. Two other sections protect creditors as well: § 19-3-10 says that when creditors attack a transaction between spouses as fraudulent, the spouses carry the burden of showing it was fair, and § 19-3-60(b) bars using a marriage contract to leave a spouse unable to pay existing just debts.
Where trustees hold property, § 19-3-65 lets the superior court of the county of a spouse’s domicile appoint, remove or substitute trustees and protect the trust estate. Each spouse’s separate property stays separate under § 19-3-9, except as Chapters 5 and 6 of this title and other law provide. The current text dates from 2018.
Frequently Asked Questions
Can I give property to my spouse during the marriage in Georgia?
Yes. This section says a person may at any time during the marriage convey any property to which he or she has title, either directly to the spouse or indirectly through trustees. The transfer is subject to the rights of prior purchasers or creditors without notice. You can convey only property you hold title to.
Can a property transfer to my spouse be undone by creditors?
It can be challenged. The conveyance is subject to the rights of prior purchasers or creditors without notice, and under § 19-3-10, when creditors attack a transaction between spouses as fraudulent, the spouses must show it was fair. Whether a creditor succeeds depends on the facts, and a court decides.
Does Georgia law say a prenup must be signed voluntarily?
This section speaks of voluntary execution: a person may voluntarily execute an antenuptial agreement. It doesn’t set out a test for voluntariness or say what happens to an agreement signed under pressure; those questions are decided by the courts on the facts. Separately, § 19-3-7 says contracts made to hinder or force marriage are fraudulent and void.
Can I put property in trust for my spouse instead of giving it directly?
Yes. The section allows a conveyance to a spouse either indirectly through trustees or directly. If trustees hold the property, § 19-3-65 lets the superior court of the county of a spouse’s domicile appoint, remove or substitute trustees and grant orders to protect the trust estate, subject to the Code sections it lists.
Does giving property to my spouse affect how it’s divided in a divorce?
This section doesn’t say. It permits the transfer but doesn’t address how a divorce court treats property conveyed between spouses. Under § 19-3-9, each spouse’s separate property stays separate except as Chapters 5 and 6 of this title and other law provide, and property questions in a divorce are handled under those chapters and decided by the court.
Amendment History
Laws 2018, Act 305, § 1-1, eff. July 1, 2018.
Formerly Code 1863, § 1725; Code 1868, § 1766; Code 1873, § 1776; Code 1882, § 1776; Civil Code 1895, § 2481; Civil Code 1910, § 3000; Code 1933, § 53-404.