Property and Prenups – How to Document Real Estate Correctly

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Avoid disputes by listing property accurately in a prenup. Fraser Bond offers strategic real estate guidance and legal documentation support.

Introduction

If you own property before marriage — or plan to acquire real estate during the marriage — a prenuptial agreement (prenup) is one of the most effective tools to preserve ownership, control, and long-term value.

But a common question arises: How exactly should you list property in a prenup? The answer lies in legal clarity, accurate valuation, and comprehensive documentation.

This guide outlines best practices for listing real estate in a prenup and how Fraser Bond supports clients with valuations, asset structuring, and real estate advisory tailored to prenup planning.


Why Listing Property Properly in a Prenup Matters

In the absence of clear listing and documentation, even property held in your name could be:

  • Reclassified as marital property

  • Subject to division during divorce

  • Included in financial settlements, especially if it appreciates in value

By listing property properly in a prenup, you can:

  • Ring-fence separate assets

  • Define future ownership rights

  • Avoid legal disputes and ambiguity

  • Preserve investment and rental income streams


What Property Should Be Listed in a Prenup?

You should list any real estate that you currently own or plan to acquire, including:

  • Primary residences

  • Second homes or holiday properties

  • Buy-to-let investments

  • Commercial property holdings

  • Land or development sites

  • Inherited or gifted real estate

  • International property

  • Property owned through SPVs, trusts, or companies


How to List Property in a Prenup – Step-by-Step

1. Identify Each Property by Legal Description

Include:

  • Full address

  • Title deed reference or land registry number

  • Ownership type (sole, joint, corporate)

  • Date of acquisition

2. Provide an Accurate Market Valuation

Include:

  • Current fair market value

  • Basis of valuation (e.g., RICS valuation report)

  • Any mortgage or secured debt
    Fraser Bond provides independent valuations for prenup purposes to establish a legal baseline.

3. Classify the Property as Separate or Marital

  • If the property is owned before marriage, specify it as separate property

  • If jointly owned or intended as a shared home, define ownership shares

  • Include clauses to clarify how future value appreciation and rental income will be treated

4. Declare Intended Use or Occupancy

  • Will it be a matrimonial home?

  • Will it remain for personal investment or rental purposes?

  • Who has the right to occupy or retain the property in the event of divorce?

5. Include Division or Buyout Terms

Clearly define:

  • Whether the property should be sold or retained

  • Buyout formula, if one spouse wishes to keep the property

  • How sale proceeds will be divided


Sample Clause (for Pre-Marital Property)

“The property located at [full address], registered in the sole name of [Party A], and purchased prior to the marriage, shall remain the separate property of [Party A], including any appreciation in value or income derived during the marriage.”


How Fraser Bond Supports Property Listings in Prenups

Fraser Bond provides property owners with the tools and support needed to correctly and securely list property in a prenup. Our services include:

  • Professional valuations for residential, commercial, and investment property

  • Real estate asset classification reports to define marital vs separate property

  • Ownership structuring advice (individual, joint, trust, or company)

  • Support for solicitors and wealth managers in drafting enforceable terms

We ensure your assets are clearly recorded, fairly valued, and backed by expert documentation.


Conclusion

Knowing how to list property in a prenup is essential for protecting your real estate holdings. A well-structured prenup that includes clear property descriptions, valuations, and ownership terms can prevent disputes, preserve wealth, and offer long-term peace of mind.

Fraser Bond is here to support property owners with everything from valuations to strategic documentation — helping you approach prenup planning with professionalism and confidence.