The statute of frauds is the general name for each state’s statute (law) that requires certain contracts to be in writing—or to have a written memorandum that records the essential elements of the agreement—in order to be enforceable.

Statutes of fraud are an exception to the general rule that verbal or oral contracts are just as enforceable as written contracts.

Statutes of fraud are designed to prevent fraud and perjury (lying under oath) in transactions that are especially susceptible to fraud.

Statutes of fraud vary from state to state, but generally include (1) contracts for the sale or lease of real estate (land); (2) contracts that cannot be performed within one year from the date of the contract’s formation—such as a two-year employment contract; (3) loan agreements in excess of a certain amount; (4) contracts involving engagement promises (return of engagement rings), marriage (prenuptial agreements), or cohabitation (support, responsibilities) and post-cohabitation support (palimony); (5) contracts for the sale of goods above a certain amount (often $500); (6) promises to pay an estate’s debt from the personal funds of the executor; and (7) contracts in which one person agrees to pay the debt of another person.

In Montana, the statute of frauds is codified under Title 28, Chapter 2, Part 9 of the Montana Code Annotated (MCA). This legal requirement mandates that certain types of contracts must be in writing to be enforceable. These typically include agreements for the sale or lease of real estate, contracts that cannot be completed within one year, and contracts for the sale of goods priced at $500 or more. Additionally, loan agreements for substantial amounts, prenuptial agreements, and contracts where one party agrees to pay another's debt are also subject to the statute of frauds in Montana. The purpose of these laws is to prevent fraudulent claims and ensure that there is clear and reliable evidence of the agreements made in transactions that are particularly prone to disputes or misunderstandings.