Dawbarn v. Dawbarn

WYNN, Judge.

In general, public policy “is not offended by permitting . . . spouses to execute a complete settlement of all spousal interests in each other’s real and personal property and yet live together.” In re Estate of Tucci, 94 N.C. App. 428, 438, 380 S.E.2d 782, 788 (1989). In this case, Plaintiff-husband argues that the postnuptial agreement provided an economic incentive to his Defendant-wife to leave the marriage and therefore was repugnant to public policy. The post-nuptial agreement in this case transferred the property to the wife upon the signing of the agreement, whether the…