Does a Post-nup Need to be Recorded to be Enforceable?

To be enforceable, a post-nup needs to be in writing and signed by the parties with a full disclosure of all assets. The post-nup does not need to be filed with a court or clerk to be valid and enforceable. However, when real property is involved, it is probably a good idea to file the document in the deed records of the county in which the real property is located in order to give bona fide purchasers and creditor notice of the characteristic of the property.

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