Photo of Legal Team at Talley Turner Stice & Bertman

Think. Fight. Win.

  1. Home
  2.  | 
  3. Family Law
  4.  | Can you include family heirlooms in a prenup?

Can you include family heirlooms in a prenup?

On Behalf of | Apr 25, 2024 | Family Law |

A prenuptial agreement, or a prenup, is a contract couples create before marriage that outlines how assets and debts are divided in case of a divorce. But does this agreement extend to sentimental items like family heirlooms?

What qualifies as an heirloom, and why include it in a prenup?

Family heirlooms are treasured possessions passed down through generations. They can be anything, from cherished antique jewelry and furniture to family land and vintage cars. Including heirlooms in a prenup ensures that these stay within your family lineage, even in the case of a divorce. For example, one of your grandmother’s prized necklaces – a prenup can designate that it goes to a specific grandchild, honoring traditions and protecting your family’s history.

When including family heirlooms in a prenup, you may seek help from legal professionals in creating a detailed schedule attached to the prenup. This schedule will meticulously describe each heirloom, including its type, identifying features and history of ownership. There may also be a distribution clause specifying exactly who inherits the heirloom in case of divorce.

Why is a prenup important?

A prenup fosters open communication about finances and future plans. It clarifies expectations around separate and marital property, avoiding confusion and potential resentment down the line. Ultimately, a prenup is not about anticipating divorce but about entering a marriage with clear communication and financial transparency. It can protect treasured family heirlooms and contribute to a more financially secure future, for better or for worse.