« iepriekšējāTurpināt »
married woman whose husband deserts her, or neglects to provide for his family, may, in her own name, contract for the labor of herself and her minor children, and collect the earnings thereof, and may, by application to the court of common pleas, secure the care and control of minor children and the disposition of her real property. A married woman may make a will. Women attain their majority at the age of eighteen. The husband is not liable for the wife's contracts or torts. Curtesy is abolished, but the husband has a dower right in the wife's estate.
A married woman may own, manage, sell, convey, and devise property, real and personal, acquired by gift, descent, or purchase, and make contracts and incur liabilities, in the same manner as if unmarried. Neither husband or wife has any interest in the property of the other, but neither can be excluded from the other's dwelling. Husband and wife may contract with each other, or with others, respecting property, subject as between themselves to the rules of law as to persons in confidential relations. Neither is answerable for the acts of the other. Earnings of wife and of minor children living with her while she is living separate from her husband are her separate property.
The separate property of wife is not liable for debts of husband, but is liable for her own debts contracted before or after marriage, except for those contracted for the support of herself, her children, or family as her husband's agent. She may buy and sell goods, give notes or other obligations, and sue and be sued, as if unmarried. Woman attain their majority at eighteen.
The property of a married woman, whether acquired before marriage or after, is her separate property, and is not liable for the debts of the husband. She may manage, sell, convey, or devise the same by will, to the same extent and in the same manner that her husband can property belonging to him. Husband and wife may convey property to one another. Property of both is liable for expenses of family and education of children. Neither is liable for the contracts of the other. "By special statute all civil disabilities which are not imposed upon the husband are removed from the wife, except the right to vote and hold office. Women attain their majority at eighteen, or on marriage. Dower as at common law.
The disabilities of married women as to acquisition, control, and disposition of property, and the right to make contracts have been substantially removed. Every married woman has the right to acquire, hold, control, and dispose of her property, real and personal, in the same manner as though unmarried, except that she cannot mortgage, lease, or convey real estate unless her hus band joins in the conveyance. Her deed or lease must be separately acknowledged.
Property of every kind vned, acquired, or earned by her before or after marriage belongs to her and not to her husband or his creditors. She may make any contract relating to any business in which she may engage, or for necessaries, or in relation to her separate estate, and may sue or be sued thereon, or for torts done to or committed by her, in the same manner and with the same effect as though unmarried, and any recovery by or against her will affect only her separate estate, but she cannot become accommodation endorser, guarantor, or surety for another. She may make assignments, trans fers, and sales of her separate personal property of every kind without her husband joining. She may dispose of her property, real and personal, by will signed by her as though unmarried. Widow takes for life one-third (or if no issue living, one-half) of all real estate owned by husba at his decrease and dower in all owned by him at any time during marriage, unless she has released it, or the land has been sold under execution. Husband has wife's lands for life whether there be issue or not.
RHODE ISLAND. The property of a married woman, whether acquired before or after marriage, including that acquired by her own industry, together with the income from the same, is not liable for her husband's debts, and remains her sole and separate property and may be disposed of by her as though she was unmarried, subject, however, to his curtesy in her real estate. She may make contracts of all kinds as though unmarried. She may dispose of her property by will, but not so as to impair her husband's curtesy. Her separate property is not liable for the expenses of the family, or for the support of herself or children except by her written order; property held for her benefit under express trusts may be subject to her contracts by her express written order. Husband and wife may convey property to one another when not in fraud of creditors. A married woman coming from another State whose husband has never lived with her in the State, after a year's continuous residence may transact business, make contracts, dispose of property acquired by her, and have the custody of her minor children. A married or unmarried woman is of age at twenty-one.
By the constitution of SOUTH CAROLINA, adopted in 1895, “the real and personal property of a woman held at the time of her marriage, or that which she may thereafter acquire by gift, grant, inheritance, devise, or otherwise, shall be her separate property, and she shall have all the rights incident to the same to which an unmarried man or woman is entitled. She shall have the power to contract and be contracted with in the same manner as if she were unmarried.” She is not bound to support her family if her husband be alive, and her separate property is not bound by the contracts of her husband without her consent. Her earnings and income are a part of her separate estate. Tenancy by the curtesy is abolished.
A married woman may own in her own right real and personal property, and manage, sell, convey, and devise the same as freely as though unmarried. She may make contracts and sue or be sued thereon. Neither husband nor wife has any interest in the property of the other, or is answerable for the other's acts. Husband and wife may make contracts with each other respecting property as though unmarried. The earnings or separate property of the wife are not liable for the debts of the husband. Women attain their majority at eighteen. Curtesy and dower are abolished.
The husband's interest in his wife's lands cannot be taken by legal process for his debts, nor can he sell it unless she join in the deed. Personal prop
erty of the wife is exempt from liability for her husband's debts contracted before marriage. Otherwise, her general personal property, whether acquired before marriage or after, becomes, after being reduced to possession by the husband, his property, and is subject to his debts, contracts, and disposition as his own, but property owned by her at marriage or afterwards acquired by devise or descent is liable first to her creditors. He is not liable for her antenuptial contracts. Her separate property is not liable for his debts otherwise than as authorized in the instrument under which she acquired it. She cannot contract to sell her real estate, but may convey it jointly with her husband on private examination, and may convey without him, subject to his curtesy. If living apart from her husband she may dispose of her lands as an unmarried woman. Her separate property she can dispose of by deed or will, as though unmarried, unless the power of disposition is expressly withheld. Her separate property is not liable for her support or that of her children unless she expressly consent. Generally the wife, as at common law, has no power to bind herself or her property by contract, but she is liable as though unmarried for debts contracted in any mercantile or manufacturing business in which she may be engaged. If husband or wife effect insurance on his life, upon his death the money goes to his wife and children, free from his debts.
In Texas, the marriage of a female minor gives her all the right she would have if of age. All property acquired by either party before marriage, or by gift, devise, or descent afterwards, is the separate 'property of each, but the husband has the management of the whole. Property acquired by either during marriage in other way is common; the husband may dispos of it during coverture, and it is liable for their debts contracted during marriage. If there are no children the whole goes to the survivor, otherwise one-half. The parties may be jointly sued on contracts of the wife for necessaries and for expenses benefiting her separate estate. Execution may be levied on common property, or, if there be none, on her separate property. Marriage agreements must be made before a notary, and may be acknowledged by a minor, with the parent's or guardian's consent, and are unalterable after marriage. A reservation of property therein to be good must be recorded. Husband and wife may sue jointly and separately for her effects. The wife acts jointly with her husband when she is appointed executrix or administratrix. On the death of either the survivor takes the common property, subject to its debts, nor is it necessary for the husband to administer on such property on her death, as he has the same control of it then that he had in her lifetime. In case of his death she has the same control till she marries, when it will be subject to administration. Dower is abolished. Husband may fill antecedent contracts and be compelled to give bonds for the proper management of the common property. Her separate property is not chargeable with necessaries procured for him. A married woman cannot contract as a partner in business or embark her separate means in trade. Females are of age at twenty-one.
All property owned by either husband or wife, whether acquired before or after marriage, is separate property and may be held and disposed of without limitation or restriction by reason of coverture. A married woman may carry on business with her separate property, and her notes and contracts in reference to such business are binding on her. She may make a will, as if sole. Dower and curtesy are abolished. Majority at age of eighteen.
The real estate of a married woman, and the rents, issues, and products thereof, and, during coverture, her husband's interest in the same, cannot be levied upon for the sole debts of the husband, except that such annual products may be taken for debts created for necessaries for his wife and family, or for labor or materials furnished upon, or for cultivation or improvement of such real estate. A married woman's separate property, whether acquired before or after marriage, is not liable for her husband's debts, or for debts contracted for the support of herself or children. All personal property acquired by a married woman during coverture by inheritance or distribution is held to her sole and separate use. Her earnings are not subject to attachment by trustee process for her husband's debts. The husband must join in conveyance of her real estate. Dower is allowed only in real estate of which the husband died seized. She may make contracts with any person except her husband, and her separate estate is liable therefor. Females become of age at eighteen. A married woman may dispose of her property, real and personal, by will. A married woman may be guardian, executrix, administratrix, or trustec.
All real and personal estate to which any woman is entitled at the time of her marriage, or which she may subsequently acquire, is her separate estate, not subject to the use, control, or disposal of her husband, or to liability for his debts. She may manage and dispose of her property as if sole, except that she cannot deprive her husband of his right to curtesy in her real estate. She may engage in trade and carry on business as if unmarried, and the proceeds of her labor and earnings of her business are ber separate property. She may make contracts and sue and be sued thereon as though unmarried, and any judgment against her may be enforced against her separate estate. Her contracts in reference to her separate estate, business, or labor are not binding upon her husband or his estate, and when married after March 31, 1875, he is not liable for her antenuptial debts. Every contract made by a married woman is presumed to be with reference to her separate estate and binding thereon. If husband wilfully abandons or deserts his wife, and such abandonment or desertion continues until her death, he loses all rights in her separate estate.
WASHINGTON. All property, real and personal, owned by the husband or wife before marriage, and that acquired afterwards by gift, devise, or descent, is separate property. All property acquired during marriage, except by gift, devise, or descent, is their common property. The husband has the management and control of the community property and may dispose of the personal property, but cannot sell or encumber the real estate unless the wife joins. They may convey their respective interests in common property directly to each other. A married woman may contract, and sue and be sued, as though unmarried. All laws imposing civil disabilities on the wife which are not imposed also upon the husband are abolished. The rights of both parents to the care and custody of children are equal. Dower and curtesy are abolished. A woman is of full age at the age of eighteen.
In West VIRGINIA, the real and personal property of a married woman acquired from any person other than her husband is secured to her separate use, free from the control or debts of her husband. And her earnings, and the real and personal property purchased with the proceeds thereof, remain her separate property free from his control or debts. If living separate and apart from her husband, she may convey her property, otherwise if the property be real estate, her husband must join in the deed. She may insure her husband's life for her own benefit, provided the premium does not exceed one hundred and fifty dollars. She may hold and enjoy patents for her inventions; may make deposits in the bank; may hold stock in corporations (other than mutual fire insurance companies), and vote on the same. Her husband is liable for her debts contracted before marriage only to the extent of the property received by him through her. She may sue and be sued alone in regard to her separate estate. If living apart from her husband she may carry on business in her own name and the capital and profits of such business are her separate property.
The real and personal property of the wife at the time of marriage, and the income thereof, and any which she may receive by inheritance, gift, grant, devise, or bequest from any person other than her husband, is her separate property, not subject to the disposal of the husband, or liable for his debts. She may convey her property, real or personal, as if unmarried, and her husband need not join in her deed, but will, notwithstanding, be barred of any right of curtesy. A deed or mortgage of the homestead is void without her signature. The wife's individual earnings are her separate property. A policy of insurance for the benefit of a married woman inures to her sole and separate use and that of her children. Her separate estate is liable for debts contracted by her on its credit, but is not liable for family expenses except by express contract. She may dispose of her separate estate in all respects as an unmarried woman, and may deal with her husband in reference to such estate in the same manner as with a stranger. Women become of age at twenty-one, but may make a will and bar dower at eighteen.
The rights of a married woman in respect to her property are nearly the same as though she were unmarried. She may make a will, sue and be sued, make contracts, carry on business, retain her own earnings, hold and convey property, real and personal, free from the control or interference of her husband, and from liability for his debts. She may hold office and vote at elections. She cannot, however, be appointed administratrix. Dower and curtesy are abolished.
In the provinces of the Dominion, generally, a married woman holds all her property and earnings free from the control of her husband. It is liable for her debts before marriage, and her husband is not. She may manage it and bequeath it. She is entitled to dower, but there is no tenancy by curtesy. In the Province of Quebec the law is modified by the French law. There all the personal property and gains of both parties are put together and form the community property, which the husband administers. Each can bequeath only his or her interest, and the heirs of each inherit the interest of each.