Marital property agreements are limited to the parties in the agreement, and do not extend to outside private parties. So, for instance, even if the marital agreement provides that one or the other spouse will assume a mortgage obligation, that agreement is not binding on the mortgage company (the mortgagor). Other creditors, such as credit card companies, utility companies, debt collectors, and real estate agencies are also not bound by the marital property agreement.

To ensure that rights are legally transferred from one spouse to the other spouse in accordance with a marital property agreement, appropriate documentation should be filed with the registering government body – such as the register of deeds for property ownership.