---
title: "Prenups and Postnups in Indonesia: What They Mean for Your Home and Mortgage"
description: "A marriage agreement can keep a couple's property separate, even after the wedding. Here's how it affects buying a home, getting a mortgage and selling."
url: "https://vorneo.id/zh/artikel/perjanjian-pranikah-dan-properti/"
lang: "zh"
image: "https://images.unsplash.com/photo-1758523671826-d7f8217ffac3?auto=format&fit=crop&w=1280&q=70"
---

# Prenups and Postnups in Indonesia: What They Mean for Your Home and Mortgage

Vorneo Property · [法律与文件](https://vorneo.id/zh/artikel/topik/legalitas/) · 2026-10-25

Plenty of couples think a prenup is only for the wealthy, or a sign that they don't trust each other. When it comes to a house, though, this agreement often decides who owns what, who has to sign, and how a bank looks at your KPR (Kredit Pemilikan Rumah, a home loan) application.

This guide looks at marriage agreements from the property side: what they can cover, when you can make one, how they affect buying and selling a home, and what to ask the notary and the bank.

## Without an agreement, property is shared by default

Indonesia's Marriage Law splits a couple's property into harta bersama (marital property) and harta bawaan (separate property). A house bought during the marriage is marital property, whoever is named on the certificate. Selling or pledging it needs both spouses' consent. The full picture is in our guide on [marital property in a sale](/en/artikel/properti-harta-bersama/).

A marriage agreement (perjanjian perkawinan) changes that default. A couple can agree that each keeps their own property, that some assets stay separate, or that property is managed in a particular way.

## Before the wedding and after it

A marriage agreement used to be possible only before or at the wedding. Since Constitutional Court Decision No. 69/PUU-XIII/2015, it can also be made during the marriage. People often call this a postnup.

A few things to know about the form:

- It is made as a notarial deed, so it holds up as evidence.
- It is recorded with the office that registered the marriage: the KUA (Kantor Urusan Agama, the religious affairs office) for Muslim marriages, or the civil registry (Dinas Kependudukan dan Pencatatan Sipil) for others. Check the current procedure with the notary or that office.
- It may not harm third parties. An existing debt to a bank or another creditor doesn't disappear because the couple signed a separation of property.
- It can cover property from the date it is signed, or existing property too, as the couple agree.

## What it can say about property

The agreement doesn't have to separate everything. Common patterns include:

- **Full separation.** Each spouse's income, assets and debts stay their own.
- **Separation of specific assets.** For example, an inherited family house or land bought before the wedding stays with one spouse, while the family home remains marital property.
- **Separation of debts.** Useful when one spouse runs a business with loans, so the family home isn't pulled in if the business runs into trouble.
- **Rules for the family home.** Who may live there, who pays the instalments, and what happens if it's sold.

The more specific it is, the easier it is for a PPAT (Pejabat Pembuat Akta Tanah, the official who draws up land deeds) and a bank to read later. Attach a list of the assets you want kept separate, with certificate numbers where you have them.

## Buying a home

With separate property, a house bought in one spouse's name can belong to that spouse alone. At the AJB (Akta Jual Beli, the deed of sale), the PPAT will ask for a copy of the marriage agreement to confirm the buyer is acting alone.

Two practical points:

- **The money trail has to match.** If the house is in the wife's name but paid from the husband's account, its status can be questioned later. Keep proof of where the funds came from.
- **The name on the certificate matters.** Without an agreement, the name doesn't change marital property status. With separation, the name is what decides ownership. Think it through before the AJB, because changing it later means a new transfer of title, with the costs that come with it.

For Indonesians married to foreign nationals, a separation of property agreement is what lets the Indonesian spouse keep holding a Sertifikat Hak Milik (SHM, the strongest freehold title). We explain this in our guide on [foreigners buying property in Indonesia](/en/artikel/wna-membeli-properti/).

## Applying for a mortgage

Banks usually ask about marital status from the start. Without an agreement, they generally want the spouse's consent, because the house being pledged is marital property.

With a separation of property agreement, a few things can change:

- **Spousal consent.** Some banks no longer require the spouse's signature. Others still ask for it as a precaution.
- **Which income counts.** With separate property, the spouse's income can't always be combined. If you need joint income to reach the loan amount, ask the bank first. We cover that route in our guide to [a home loan on joint income](/en/artikel/kpr-penghasilan-gabungan/).
- **Recorded debts.** The bank may still check the spouse's credit history, depending on its policy.

Every bank has its own rules, so don't go by a friend's experience. Bring a copy of the agreement when you meet the bank and ask for the requirements in writing.

## Selling

A spouse with separate property can sell a house in their own name without the other spouse's signature, as long as the agreement clearly covers that house. The PPAT will still check:

- The marriage agreement deed and proof it was recorded.
- The date the house was acquired compared with the date of the agreement.
- Whether the house is currently pledged to a bank.

If you're buying and the seller says they have separate property, ask to see the documents before paying a deposit. If the seller just says "we're separated on property" and can't show the deed, assume there's no agreement and ask the spouse to sign as well.

## When it's worth considering

A marriage agreement is worth discussing if any of these fit you:

- One spouse runs a business with loans or personal guarantees.
- There are inherited family assets you want to keep in the original family line.
- You're marrying a foreign national.
- It's a second marriage, with children from an earlier one.
- You each want to buy investment property in your own name.

If none of these apply, many couples are perfectly fine with marital property. It's a choice, not a requirement.

## How to make one

1. Talk it through together first: what assets and debts you have, and any plans to buy a home in the next few years.
2. Visit a notary, explain what you want covered, and ask for a draft to read at home.
3. Sign the deed before the notary.
4. Record the agreement as required, and keep a copy with your marriage certificate.
5. Tell your bank if you have a mortgage or another running loan, because the bank is a third party that needs to know.

The notary's role here is covered further in our guide to [notaries and PPATs](/en/artikel/peran-notaris-ppat/).

## The short version

A marriage agreement isn't about suspicion, it's about clarity. For property, it decides who owns the house, who needs to sign, and how a bank measures what you can borrow. If you're preparing to buy or apply for a mortgage, settle this before the AJB, not after.

If you're looking for a home and want to know which documents to prepare, the Vorneo Property team can help from the search through to signing.

## 常见问题

### Can a separation of property agreement be made after the wedding?

Yes. Since Constitutional Court Decision No. 69/PUU-XIII/2015, a marriage agreement can be made before the wedding, at the wedding, or during the marriage. It is made as a notarial deed, then recorded, and it may not harm third parties.

### With separate property, can we still combine incomes for a mortgage?

It depends on the bank. Some banks only count the income of the applicant named on the certificate, others have their own rules. Ask the bank directly before you choose how to apply.

### Does a postnup cover a house bought before it was signed?

That depends on what the agreement says. It can cover property from the date it is signed, or existing property as well. Discuss it with the notary and list the assets clearly.

## 相关文章

- [Checking for Unpaid Land and Building Tax (PBB) Before You Buy](https://vorneo.id/zh/artikel/cek-tunggakan-pbb-sebelum-membeli/)
- [HGB on HPL Land: What to Know Before Buying a Shophouse or Market Kiosk](https://vorneo.id/zh/artikel/hgb-di-atas-hpl/)
- [Running a Business From Your Home in Indonesia: Zoning, NIB, Neighbours and Tax](https://vorneo.id/zh/artikel/izin-usaha-di-rumah-tinggal/)

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