Lapas attēli

of the family. Each may constitute the other his or her attorney in fact. She may sue for and recover wages for her personal services, and hold what she recovers as her own property. She may make contracts and incur liabilities in the same manner as if unmarried. The husband is not liable upon contracts relative to his wife's separate property or purporting to bind her. self alone, nor is the property or income of either liable for the debts of the other. Family expenses, education of children, etc., are chargeable upon the property of both or either, and on such claims they may be sued jointly or separately. If both are sued jointly the wife may defend for her own right or for her husband's also. Neither husband nor wife can remove the other or their children from the homestead without his or her consent. A married woman may receive gifts or grants directly from her husband. Dower and curtesy are abolished. The survivor, whether husband or wife, has one-third in value of all real estate owned by the other at any time during the marriage unless the right has been relinquished by a joint deed or the property sold on execution. She attains majority at eighteen or on marriage.

KANSAS. In KANSAS, the property, real or personal, of a married woman, owned at the time of her marriage, or subsequently received, is he'r sole and separate property, not subject to the disposal of her husband, nor liable for his debts. She may sell and convey or enter into any contract relating thereunto, and may sue and be sued in the same manner and with like effect as a married man. She cannot bequeath more than half of her property away from her husband without his written consent. If either die intestate and without is. sue, all his or her property goes to the survivor. If a husband deprive his wife by will of more than half his property, she may elect to accept the con. ditions of his will, or take half of his property. Dower and curtesy are abol. ished. She may carry on trade, and her earnings are her separate property. She attains majority at 18.

KENTUCKY. Marriage gives the husband no interest in the wife's property, real or personal, during her life. During the existence of the marriage relation she holds all her property for her separate and exclusive use, free from any debts, liability, or control of her husband. Her estate is not liable upon a contract after marriage to answer for the debts or defaults of another, including her husband, unless such contract be in writing in the nature of a mortgage, but is liable for her own debts. She may acquire and hold property, real or personal, and may dispose of her personal property in her own name, as though unmarried. She may make contracts and sue and be sued as a single woman except that she cannot make an executory contract to convey real estate unless her husband join. She may rent out her real estate and receive and recover the rents in her own name. A gift or transfer of personal property between husband and wife must be recorded like a chattel mortgage. Husband and wife may sell and convey her land and chattels real. If he abandon her without making sufficient provision for her support, or if he become insane, or be imprisoned for more than one year, she may be empowered to sell and convey her real estate freed from any claim by him.

On the death of either husband or wife the survivor has a life estate in onethird of any real estate held by the other during coverture, unless the right has been barred or released, and an absolute estate in one-half of the personal property left by the deceased, after payment of debts. A married woman, twenty-one years of age, may dispose of her estate by will, subject to the rights of her husband as above stated.


In LOUISIANA, the wife cannot appear in court without the authority of her husband, though she may be a public merchant, or hold her property separate from him. Even then, she cannot alienate, mortgage, or acquire by gratuitous or unencumbered title without his written consent. She may be authorized by the judge of probate upon his refusal, and, if separated from bed and board, has no need of the authorization of her husband. If a public merchant, she may, without being empowered by him, obligate herself in anything relating to her trade; her husband is also bound, if there is a community of property. She is considered a public merchant if she carries on a separate trade, but not if she retails only the merchandise of the commerce carried on by him. If the husband is under interdiction, or absent, the judge may authorize her to act as if unmarried. She may make a will without his authority. But she cannot become an executrix without his consent or the court's. She may act as a mandatory. Neither party can be a witness for or against the other. They may, by marriage contract, determine the rights of property, but cannot change the legal order of descents, nor derogate from the husband's righ3 over the person of his wife and children, or as head of the family, nor rith respect to children if he survive the wife, nor from the prohibitory dispensations of the Code. The property of married persons is divided into "separate” and “common "; and the separate property of the wife into “ dotal” and “extra-dotal,” or “paraphernal." The “dotal” is that which the wife brings to the husband to assist him in bearing the expenses of the marriage establishment. Full provisions exist as to the settlement, administration, recovery, subject-matter, etc., of dowry, and the rights of both parties therein, and as to the administration, fruits, etc.. of the extra-dotal effects. The wife has a legal mortgage on her husband's immovables, for the restitution of her dower, which he may reiease by giving a special mortgage to the satisfaction of a family meeting, etc., or in accordance with stipulations in the marriage contract; but it shall not be lawful to stipulate that no mortgage shall exist. This mortgage must be recorded to avail against third persons. A partnership, or community, of acquests or gains exists by operation of law in all cases. But the parties may modify or limit it, or agree that it shall not exist; in which case there are provisions preserving to the wife the administration and enjoyment of her property, and the power of alienating it as if paraphernal, with reference to the expenses of the marriage and liability of the husband. This community consists of the profits of all the effects of which the husband has the administration and enjoyment, either of right or in fact, of the produce of the reciprocal industry and labor of both husband and wife, and of the estates which they may acquire during marriage, ither by donations made jointly to them both, or by purchase, or in any similar way, even though the purchase be in the name of one, and not of both. Debts contracted during marriage enter into this partnership, and must be acquitted out of the common fund; but those contracted before marriage, out of individual effects. The husband

is the head and master of the community, administers its effects, disposes of the revenue, and may alienate by an unencumbered title, without the wife's consent. There are special provisions as to conveyances and dispositions of the community property and gains; effect of dissolution of marriage; ability of the wife to exonerate herself from debts contracted during marriage by renouncing the partnership; effect of such renunciation; death; survivorship; separation a mensa et thoro; separation of property during coverture; rights of creditors, etc. Either party, by marriage contract or during marriage, may give to the other all he or she might give to a stranger. Property acquired in the State by non-resident married persons, whether the title is in the name of either or in their joint names, is subject to the same provisions as if owned by citizens of the State. If husband or wife die intestate, without ascendants or descendants, his or her share in the community property is held by the survivor in usufruct for life; if the deceased intestate leave issue of the marriage, the survivor holds such issue's inheritance in usufruct till death or second marriage. Wife may petition for separation of property when her husband's affairs are in such a state that her interests are in danger. She may keep a bank account as though unmarried.


In Mainz, a married woman holds as her separate property whatever she possessed before marriage, and whatever comes to her after marriage, unless purchased by the husband's money or coming from him so as to defraud his creditors, and has all the usual rights of a single woman as to it, but cannot convey property received through the husband or his relatives unless he join. Her property alone is liable for her debts before marriage. Real estate may be conveyed to a wife by her husband as security for a bona fide debt, and this may be conveyed by her without his being joined in the deed. Letters of administration may be granted on her estate, and all debts contracted for her benefit shall be paid by her executor and allowed him. She may engage in trade on her own account, and any contract made by her is valid, and her property is liable to execution for her debts; his property is exempt in any such case unless he were a party to the contract. Her husband is not liable for her torts. If he abandon her and leave the state without providing for her maintenance, or be confined in the state prison, she may be authorized by the court to make contracts binding on him as well as herself. Dower and curtesy are abolished. Survivor is entitled to one-third of real estate except wild lands, if there are children — to one-half if none — and the same as to lands owned during coverture unless right has been released. Personal property aside from allowances to widow passes to the survivor in the same proportions. A woman over eighteen may marry without consent of parent or guardian.


In MARYLAND, the property of a married woman, real and personal, whether acquired before marriage or after, is her separate property, and not liable for the debts of the husband; but no conveyance made to her by her husband in fraud of creditors is valid. Her personal earnings and the income thereof belong to her. She may engage in any business, may form a partnership with her husband or other person, make contracts, and sue and be sued in all matters relating to her business or property as though unmarried. She may dispose of her property, real and personal, by deed, mortgage, lease, will, or other instrument, but if under eighteen her husband must join. She may release dower by a separate deed, or jointly with her husband. She may insure her husband's life and on his death may receive the amount of insurance free from any claim of his legal representatives or


creditors. The husband is not liable for the wife's debts contracted before marriage. By act of 1904 the husband, on the death of the wife, is entitled to an eutate similar to dower.


arate account.

The real and personal property of a woman on her marriage remains her separate property; and a married woman may receive, receipt for, hold, manage, and dispose of property, real and personal, as if she were sole, except that unless the husband joins in her deed, his statutory rights in her estate in case of her death, or curtesy, will subsist. She may make contracts as though she were sole, except with her husband. In the absence of express agreement, all work or labor performed by her is presumed to be on her sep

Husband and wife cannot transfer property to one another, except that the wife may acquire by a gift from her husband as her separate property articles of personal use and adornment to a value of not more than two thousand dollars, provided such gift be not made in fraud of creditors. A married woman may be an executrix, administratrix, guardian, or trustee. She may sue and be sued as though sole. When a married woman proposes to do business on her separate account, she shall record in the clerk's office of the town or city in which such business is to be carried on a certificate setting forth her name and that of her husband, the nature of the business and the place where it is to be carried on. When the nature of the business or place of carrying it on is changed, a new certificate shall be filed. If she fails to record such certificates her husband may do so. If such certificates be not recorded the property employed in the business is liable to be attached as the property of the husband, and the husband is liable for contracts made in carrying on the business. With these exceptions, the husband is not liable for contracts made by the wife in reference to her separate property or business, nor is her property liable to be taken on execution against him.

The rights of husband and wife in each other's property on the decease of either are now by statute substantially the same. Widow may have dower as at common law and husband may have curtesy consisting of the income of one-third of the wife's real estate for life whether issue be born or not. Dower or curtesy must be claimed within one year, and if claimed excludes all other claims to the real estate of the deceased. In the case of intestacy, if dower or curtesy be not claimed the survivor takes one-third of the real estate of the deceased in fee if there be issue surviving, if none, then one-half; if no kindred, the whole. Survivor is entitled to one-third of the personal property of the deceased absolutely if there be surviving issue; if no issue, to $5,000 and one-half of the excess; if no kindred, to the whole. If the personal property be less than $5,000 enough real estate may be taken to make up the deficiency and the remainder of the real estate only divided as above.

A married woman may make a will as though sole, but the husband may within one year waive the provisions of the will in his favor and take the same share in her estate as though she had died intestate, except that if he would thus take more than $10,000 he will receive only the income of the cxccos above that amount. The wife has the same rights in case the husband leaves a will; but the probate court may decree that the husband has been deserted by the wife or is living apart for justifiable cause, and thereafter the wife shall not be entitled to waive the provision of a will made by him. Conveyances, except mortgages may be made directly between husband and wife.

An estate of homestead cannot be released unless the wife joins.


In Michigan, all the real and personal estate of a married woman, whether acquired before marriage or after, is her separate property, free from

liability for her husband's debts, and she may sell, convey, encumber, or otherwise dispose of the same as if sole, and she may bequeath the same by will. She may carry on business in her own name, and may make contracts binding her separate estate, but only in reference to her own property and busi

She cannot bind her separate estate by becoming surety for her husband or other third person. She has the same right of dower as at common law, and may bar her right of dower by joining in her husband's deed. Tenancy by the curtesy is abolished. All contracts (except of marriage) may be made at twenty-one years. Marriage contracts can be made at sixteen.



In MINNESOTA, all property, real or personal, owned by any married woman at her marriage, or received afterwards, is her own, as if unmarried, and is free from the control of her husband, and is not liable for his debts, but is liable for necessaries furnished to the family. She may make any contract she could make if unmarried, and any transfer of her property, except that the husband must join in the deed of her homestead, and unless he joins in her deed he will retain one-third interest under the statutory provision. Neither husband nor wife is liable for the debts or torts of the other, except that the husband is liable for necessaries furnished to the wife as at common law. Either may be the agent of the other, or contract with the other, except as to the sale of real estate from one to the other. In case of desertion or divorce, or when the husband has been for one year insane, the wife may convey her real estate as if sole, but in the latter case approval of husband's guardian, if any, is required. A woman attains her majority at eighteen, but may join her husband in deeds of conveyance though under age. Dower and curtesy are abolished. Surviving husband or wife is entitled to the homestead of the deceased for life, or in fee if there be no children, free from debts, and to one-third of the remaining real estate in fee, free from any testamentary or other disposition not assented to in writing by the survivor, but subject to debts.


In MISSISSIPPI, married women may acquire, hold, sell, bequeath, and in all other respects deal with their property, and may make all kinds of contracts free from any of the common law disabilities. Gifts and conveyances between husband and wife must, however, be in writing, acknowledged and recorded. Curtesy and dower are abolished. The surviving wife or husband takes an equal share with the children severally, and, where there is no surviving issue, takes the whole property in fee.


The real estate of a married woman and the income therefrom are not subject to the husband's debts, nor can he dispose of such estate unless she join with him in conveying it. But the annual products of her real estate are liable for necessaries for the family and improvements on such estate. She may devise her real and personal estate, but not so as to affect his curtesy, and he cannot deprive her of her right to dower. All personal property acquired in any way by a married woman after March, 1875, is her separate property, free from her husband's debts, except for necessaries for herself and family. She may sue and be sued in reference to such property without joining her husband. She may make contracts in her own name which will bind her separate property, real and personal. Her separate property, left to her by will before or after marriage, is not liable for her husband's dobta. Females are of full age at eighteen years.

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