Marriage is blending lives, sharing dreams, and, sometimes, debating over who really owns the limited-edition Labubu “Lucky Cat” that sold out in thirty seconds online. Whether you see Labubu figurines as quirky desk buddies, art toys with skyrocketing value, or both, one thing is clear: in the eyes of the law, collectibles can become contested property during a divorce. And when those collectibles are rare and climbing in value, the stakes are higher than you think. That’s where a prenuptial agreement comes in. But can a prenup really protect my Labubu? Continue reading to find out and to learn more about how prenups can protect your valuable possessions.
Why collectibles like Labubu belong in prenups
Prenups don’t just protect houses, businesses, or bank accounts. They can and should cover collectibles from vintage guitars to fine wine, from NFTs to your Labubu collection. Courts don’t distinguish between a diamond ring and a limited-edition toy when dividing property. If it has value, it is on the table. A prenup lets you decide in advance whether Labubu stays with the person who purchased it, or whether its growth in value is shared. Without an agreement between you two specifically outlining these decisions, a judge could treat your prized figurine as marital property. This could make your prized possession subject to division, sale, or buyout.
Labubu as the new art market
Collectors know that Labubu isn’t just cute, it’s a market. Prices for rare editions can jump hundreds or thousands of dollars, much like artwork, baseball cards, or NFTs. And just like art, courts often wrestle with valuation disputes in divorce. Is a Labubu still worth the original retail price of $130 or the $4,000 it fetched on eBay last month? Prenups can preempt this fight by specifying how collectibles are valued (i.e., fair market value, appraised value, or purchase price). Your agreement can also specify whether appreciation belongs solely to the collector-spouse or is shared. And a prenup can determine whether sales or trades during the marriage alter ownership rights. Courts regularly weigh many factors when deciding whether the appreciation of a business during marriage should be community property. While Labubu isn’t a business, the same question of who gets credit for growth can apply. A prenup lets you skip the messy litigation and set rules in advance.
Sentimental value
Not every collectible is kept with the intention of reselling. For some couples, Labubu represents a shared trip to Hong Kong, a wedding gift, or the little pink friend that sat on the nightstand through grad school. Courts, however, aren’t in the business of weighing sentimental attachment. They assign dollar value to assets. This is where prenups shine. They allow you to account for the emotional worth of a collectible. Maybe your agreement states that your spouse always keeps the Labubu you gifted them, regardless of its market value. Or that certain sentimental figurines are exempt from division entirely. This avoids the cold math of courtroom valuations.
Can a prenup really cover something like Labubu?
Absolutely! Under the Uniform Premarital Agreement Act (UPAA), which has been adopted in most states, couples can contract about property rights, including present and future ownership of personal property, including collectibles. Courts will generally enforce such provisions so long as the prenup is voluntary, fair at signing, and made with full financial disclosure. In the California case of In re Marriage of Bonds, the court reinforced that parties have wide latitude to contract about their property interests, so long as they follow disclosure and voluntariness rules (In re Marriage of Bonds (2000)). By the same logic, specifically designating collectibles in a prenup is well within what courts expect and enforce. Courts consistently recognize that one of the main values of a prenup is predictability. Just as couples can use them to draw bright lines around businesses or real estate, they can just as easily determine how collectibles will be treated. The goal is clarity, and collectibles fit neatly within that purpose.
Practical clauses for collectibles in a prenup
Here’s how people often address collectibles like Labubu in prenups:
- Ownership at Purchase: Whoever buys it keeps it, even if marital funds are used.
- Gifted or Shared Purchases: If Labubu was gifted, ownership is clarified. If bought together, specify whether it’s joint or not.
- Appreciation: Decide whether rising resale value stays with the collector or is shared.
- Division Upon Divorce: Spell out whether one spouse can “buy out” the other’s interest at a set formula (purchase price, appraised value, or market price).
This avoids the “garage sale” problem, where judges may order property to be sold and the proceeds split. No collector wants this outcome.
State laws vary regarding requirements for valid prenups
Though states throughout the U.S. generally enforce prenups, they each have varying nuances and quirks regarding what makes a prenup enforceable. In Massachusetts, for example, postnups and prenups alike face heightened scrutiny. Courts in this state look for fairness both at signing and enforcement (Ansin v. Craven-Ansin (2010)). If your Labubu skyrockets in value, and you live in Massachusetts, the court may revisit whether the prenup is unconscionable. These varying state regulations are the main reason why your prenup must abide by the prenup laws of your state. Talk to a trusted family law attorney to learn more about your state’s requirements. In all states, the message is clear. Detail matters, and without precision, even your Labubu could be treated as marital property.
Protecting your collection beyond the prenup
Prenups are the frontline defense, but not the only tool. If you’re a collector or have items that hold either financial or emotional value, you should keep detailed records of purchases, sales, and appraisals. Also, make sure to store collectibles separately to avoid claims that they were “shared marital assets.” Use insurance policies that specify ownership. And, consider estate planning instruments such as a trust to protect your valuables. Yes, you really can put your Labubu collection into a trust.
Final thoughts on protecting your Labubu with a prenup
A prenup is much more about financial transparency and clarity in your marriage than it is about planning for a divorce. For collectors, that clarity can mean knowing your rare Labubu “Zombie Edition” won’t be auctioned off against your will. It can also mean preserving the sentimental toy you bought on your honeymoon. A prenup can protect both financial investments and emotional treasures. Love may be priceless, but Labubu apparently isn’t, and if you want to make sure yours stays in the right hands, a prenup is the smart, and yes, loving, way to do it.
Jourdan Stewart is Legal Operations Attorney at HelloPrenup, and a Texas licensed attorney. Jourdan is experienced in drafting prenuptial agreements, and her legal expertise extends to other aspects of family law, business law and entertainment law. Jourdan earned her law degree from Pepperdine University, her MBA from The Acton School of Business, and her BBA from Baylor University. Jourdan’s favorite aspect of legal practice is helping clients fully understand and achieve their goals. She finds great satisfaction in tailoring solutions to each client’s unique set of wants and needs. When she’s not practicing law, Jourdan can be found in nature with her two children and their dog, Stewey.
0 Comments