House Bill 180 Summary

• Authorizes legal spouses to enter into written agreements to partition, exchange, or designate property as separate property, including future income and earnings from transferred property.

• Requires all partition, exchange, and property agreements to be in writing and signed by both parties to be enforceable, with no consideration required.

• Makes agreements unenforceable only if a party proves involuntary signing or unconscionability accompanied by inadequate financial disclosure and lack of knowledge of the other party's property or obligations.

• Prohibits agreements from addressing child custody or child support matters, rendering any such provisions void and unenforceable.

• Allows agreements to be recorded in deed records as constructive notice to good faith purchasers and creditors if acknowledged and recorded where the real property is located, while protecting creditor rights against fraudulent transfers.

• Amends Mississippi Code Section 93-5-23 to require courts to incorporate spousal property agreements when making alimony orders in divorce proceedings.