Whether you're entering marriage with a primary residence, a growing buy-to-let portfolio, or inherited property, it is critical to ensure those assets are legally protected. A real estate prenup clause — carefully worded and properly supported — can safeguard your property from future disputes, ensuring clarity, fairness, and long-term security.
This guide explains the role of property-specific clauses in a prenuptial agreement, how to draft them effectively, and how Fraser Bond supports solicitors and clients with valuation, structuring, and documentation for enforceability.
A real estate prenup clause is a section within a prenuptial agreement that sets out how property will be treated during the marriage and in the event of separation or divorce. It covers:
Ownership rights (before, during, and after marriage)
Use and occupation (e.g. the family home)
Division of sale proceeds
Responsibility for mortgage or upkeep
Treatment of income from rental or commercial property
These clauses can be tailored to individual assets, reflecting their value, structure, and role in the broader estate plan.
Protects assets owned before marriage:
“The property located at [address], acquired by Party A before the marriage, shall remain the separate property of Party A, including any increase in value or rental income derived during the marriage.”
Covers properties purchased during the marriage:
“Any real estate acquired by either party during the marriage and titled solely in their name shall remain their separate property unless jointly agreed in writing.”
Defines how a shared home will be treated:
“The family home at [address], though solely owned by Party A, may be used by Party B for no more than 12 months after separation, without altering the underlying ownership rights.”
Clarifies financial treatment of investment properties:
“All income from rental properties owned by Party A shall remain their separate income and not be subject to marital division.”
Outlines process if a property is sold or one party wants to retain it:
“In the event of divorce, either party may buy out the other’s interest in jointly owned property at current market value as determined by an independent valuer.”
Without specific real estate clauses:
Pre-marital assets may be reclassified as marital
Contributions (even non-financial) could trigger legal claims
Family homes may be awarded to one party regardless of title
Income from property could be treated as shared wealth
By drafting and supporting clear, customised clauses, clients gain predictability, control, and legal protection.
Fraser Bond provides essential expertise to back every clause with credible evidence and clear valuation. Our services include:
Independent property valuations for homes, investments, and commercial holdings
Contribution tracking (e.g. mortgage payments, renovations)
Ownership structuring advice (sole title, joint, trust, SPV)
Asset mapping to distinguish separate vs marital property
Documentation support for solicitors to draft accurate, enforceable clauses
We work closely with legal professionals to ensure clauses reflect current market conditions and sound legal strategy.
✅ Protecting an inherited estate from future claims
✅ Declaring income from a portfolio of rental flats as separate property
✅ Ensuring a developer retains control of a co-owned project
✅ Structuring joint property ownership with defined equity splits
A strong real estate prenup clause isn’t just a legal line — it’s a protective boundary that secures your property interests before emotions or disputes come into play. With rising property values and increasingly complex ownership structures, these clauses are essential for modern asset protection.
Fraser Bond empowers clients and their legal teams with the tools needed to support property-specific clauses — from accurate valuation to contribution records — ensuring your real estate is as secure on paper as it is in bricks and mortar.
