Page images
PDF
EPUB
[blocks in formation]

support of the wife pending suit; also an allowance
when the decree is made. The custody of minor chil-
dren may be given to either parent, in the discretion of
the court.
Arizona.-Divorce may be granted for the violation
of the marriage vow; physical incapacity; willful deser-
tion for six months; habitual drunkenness; conviction
for felony; cruelty; failure by husband to provide for
six months.

Arkansas.-Divorce may be granted for impotency, bigamy, adultery, conviction of felony, habitual drunkenness, willful desertion for one year, cruel and barbarous treatment. Plaintiff must reside in the State one year before bringing suit. Court may allow alimony to the wife.

California.-Divorces are granted for adultery, extreme cruelty, conviction of felony, willful desertion, neglect or habitual intemperance continued for one year. No divorce can be granted by default. Colorado.-Divorces may be granted for adultery, impotency, bigamy, willful desertion for one year, habitual drunkenness for two years, extreme cruelty or conviction for felony or infamous crime. One year's residence in the State is required before bringing suit, except where the offense was committed in the State or while one or both of the parties resided there. Connecticut.-Absolute divorce may be granted by

MARRIAGE AND DIVORCE LAWS. Marriage Licenses. Required in all the States and Territories except Idaho, New Mexico, New Jersey, New York, North Dakota, Oklahoma, South Carolina, and Wisconsin. Marriage, Prohibition of.-Marriages between whites and persons of negro descent are pro- the Superior Court for adultery, fraud, duress or force in obtaining the marriage, willful desertion for three hibited and punishable in Alabama, Arizona, years, seven years' absence without being heard of, habitArkansas, California, Colorado, Delaware, Dis-ual intemperance, intolerable cruelty, sentence to imprisonment for life, the commission of any crime trict of Columbia, Florida, Georgia, Idaho, In- punishable by imprisonment in the State penitentiary diana, Kentucky, Maryland, Mississippi, Mis-and any such misconduct as permanently destroys the happiness of the petitioner and defeats the purposes of souri, Nebraska, Nevada, North Carolina, the marriage relation. Three years' residence in the Oklahoma, Oregon, South Carolina, Tennessee, State is necessary before filing a petition. Either party may marry again after divorce, and the court may Texas, Utah, Virginia, and West Virginia. change the wife's name and make order for alimony Marriages between whites and Indians are and custody of the children. void in Arizona, Nevada, North Carolina. Oregon, and South Carolina.

Marriages between whites and Chinese are void in Arizona, Nevada, Oregon, and Utah. The marriage of first cousins is forbidden in Arizona, Arkansas, Illinois, Indiana, Kansas, Missouri, Montana, Nevada, New Hampshire, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Washington, and Wyoming, and in some of them is declared incestuous and void, and marriage with step-relatives is forbidden in all the States, except California, Colorado, Florida, Georgia, Idaho, Louisiana, Minnesota, Nebraska, New Mexico, New York, North Carolina, Oregon, Utah, and Wis

consin.

Marriage, Age to Contract, Without Consent of Parents. In all the States which have laws on this subject 21 years is the age for males, and for females 21 years in Connecticut, Florida, Illinois, Kentucky, Louisiana, Ohio, Pennsylvania, Rhode Island, South Dakota, Virginia, West Virginia, and Wyoming, and 18 in all the other States having laws, except Maryland, in which it is 16 years.

Marriages, Voidable.- Marriages are voidable in nearly all the States when contracted under the age of consent to cohabit.

[blocks in formation]

North and South Dakota.-Divorce may be granted for violation of the marriage vow; willful desertion; conviction for felony; cruelty and physical incapacity. Delaware.-Divorce may be granted by the Superior Court for adultery, impotency at the time of marriage, habitual drunkenness, extreme cruelty, desertion for three years or conviction of crime sufficient to constitute a felony. In the case of marriage by fraud or for want of age, the wife being less than sixteen, the husband being less than eighteen, at the time of marriage, absolute divorce or divorce from bed and board may be granted, at the discretion of the court. The wife receives all her real estate and such other allowance and alimony as the court may decree where the husband is proved to be in fault. Willful neglect of the husband to provide the necessities of life also forms sufficient grounds for divorce.

for violation of the marriage vow; physical incapacity; District of Columbia.-Divorce may be granted willful desertion for two years; habitual drunkenness conviction for felony; cruelty; insanity or idiocy at time of marriage.

Florida. Applicants for divorce must have resided two years within the State. Absolute divorces may be granted only by the Circuit Courts. Adultery, impotency, bigamy, extreme cruelty, habitual intemperance or desertion for one year are sufficient causes. Alimony may be granted to the wife by the courts, and provision for a division of property when a decree is granted. Marriage within the prohibited degrees of affinity or consanguinity; mental or physical incapacity at the taining it; adultery, willful desertion by either party time of marriage, force, menace, duress or fraud in obfor three years; cruel treatment by, or habitual intoxifor two years or over for any offense involving moral cation of either party; or sentence to the penitentiary turpitude. No total divorce may be granted except by ferent times of court; and when a divorce is granted, the concurrent verdict of two juries, rendered at difthe jury rendering the final verdict determines the rights and disabilities of the parties.

Georgia.-Grounds for total divorce are as follows:

Idaho.-Divorce may be granted for violation of the marriage vow; willful desertion for one year; habitual drunkenness; conviction for felony; cruelty; failure of husband to provide for one year; insanity and confinement in an asylum six years.

Illinois.-Divorce may be granted, where complainant has been a resident of the State for one year, for impotency, bigamy, adultery, desertion or drunkenness for

two years, attempt upon the life of the other by poison | or other means showing malice, extreme cruelty, conviction of felony or other infamous crime. If no defense is interposed, decree may be granted on testimony of complainant alone; but examination of witnesses must be had in open court, and the judge is required to be satisfied that all proper means have been taken to notify defendant. When decree is granted, the court may restore the wife's maiden name. During pendency of suit, the court may require the husband to pay such sum as may enable the wife to maintain or defend the suit, and alimony when declared just and equitable. Indiana.-Petitioners for divorce must be bona fide residents of the State for two years, and of the county at the time of, and for at least six months prior to, filing the petition; the oath of two resident freeholders being required to this fact. Decrees may issue by the Superior or Circuit Court for the following causes: Impotency at marriage; adultery (where connivance or collusion is not proven); habitual cruelty or habitual drunkenness by either party; abandonment for two years; failure by the husbund to provide for the family for a period of two years, and conviction of either party of an infamous crime at any time subsequent to marriage. Iowa.-Divorce may be granted by the District or Circuit Court of the county in which plaintiff resides. Plaintiff must declare under oath that he or she has resided in the State for one year next preceding the filing of the petition, unless defendant is resident, and received personal service of the writ. A decree may issue against the husband for adultery, willful desertion for two years, conviction of felony subsequent to marriage, habitual drunkenness and continued ill-treatment. The husband may obtain a decree for like causes, and also when the wife at the time of marriage was pregnant by another. Bigamy or impotency at the time of marriage is also a sufficient cause to annul.

Kansas. To obtain a decree of divorce, plaintiff must have resided in the State one year, and must bring suit in the county of residence. Decrees are granted in the Circuit Court on the following grounds: Adultery, impotency fraudulent contract, extreme cruelty, habitual drunkenness, gross neglect, abandonment for one year or conviction of felony.

Kentucky.-Before a petition can be presented for a decree of divorce, one year's continuous residence in the State is required. Jury trials are not permitted, and decrees are granted by courts having equitable jurisdiction. An absolute divorce may be granted to the party not in fault on the ground of adultery, impotency, etc., separation for five years, condemnation for felony subsequent to the marriage, force, duress or fraud in obtaining the marriage, or uniting with any religious society which requires a renunciation of the marriage contract. Habitual neglect or maltreatment on the part of the husband, or where the husband is a confirmed drunkard, may give the wife a divorce; and where the wife is proven unchaste, or pregnant by another man at at the time of marriage, the husband is entitled to divorce. The parties are free to marry again, and their personal property is restored.

Louisiana.-Sentence of either party to imprisonment in the penitentiary 18 sufficient ground for divorce. A decree may also be obtained by either party for adultery, habitual intemperance or cruel treatment of such nature as to render living together insupportable.

Maine.-The Supreme Judicial Court grants divorce for impotency, adultery, or for three years' willful desertion. Alimony may be allowed and dower if the husband be to blame.

Maryland.-Absolute, for adultery, three years' abandonment, or ante-nuptial misconduct of wife. Partial, for cruelty, abandonment, and desertion. Alimony and restoration of wife's property.

Massachusetts.-Unfaithfulness, incapacity, three years' desertion, cruelty, drunkenness, neglect to provide, sentence to five years' imprisonment and joining a sect which disavows marriage, are grounds for absolute divorce. Alimony is allowed, and where the husband is at fault the wife's personal property is restored. Michigan.-Absolute divorce may be granted for incapacity at time of marriage, adultery, two years' continuous desertion, drunkenness or three years' sentence to imprisonment. A life sentence dissolves the mar riage without any proceedings in court. Divorce from bed and board for cruelty and neglect to provide. Separation of property, dower, and alimony as per

statute.

Minnesota.-Absolute divorce for unfaithfulness, in

capacity, three years' abandonment, one year's drunkenness, cruel treatment or sentence to State's prison. Limited divorce for abuse, desertion or failure to support. Plaintiff, except where breach of faith occurred in the State, must have been one year a resident. The court lay order alimony and custody of the children, and the wife regains possession of her real estate, unless decree has been obtained on account of her bad conduct. Mississippi.-After one year's residence in the State, divorce may be obtained for impotency, adultery, bigamy, cruelty, two years' abandonment or imprisonment in the penitentiary. Alimony is allowed when the wife is the injured party, and the court awards the custody of minor children.

Missouri.-Grounds: Impotency at time of marriage, unfaithfulness, bigamy, conviction of crime, drunkenness, cruelty, and one year's desertion. Petitioner must have been one year a resident of the State. Trial without jury.

Montana.-Divorce may be granted for violation of the marriage vow; physical incapacity; willful desertion one year; habitual drunkenness; conviction for felony; cruelty.

Nebraska.-Unless the marriage took place in the State, and the plaintiff has since continuously resided therein, a residence in the county of six months next preceding the application is necessary. Divorce is granted on the grounds of impotency at the time of marriage, adultery, two years' desertion, drunkenness, cruelty, three years' sentence to imprisonment, or failure on the part of husband to support wife. The court may order alimony, and where a decree is granted on account of the husband's bad conduct the wife takes dower.

Nevada.-Plaintiff must have resided six months in the county. Grounds of divorce are physical incompetency at time of marriage, adultery, one year's desertion, drunkenness, cruelty, conviction of crime, and failure on part of husband to support.

New Hampshire.-Divorces are granted by the Superior Court for physical incompetency, adultery, drunkenness, cruelty, three years' desertion, one year's sentence to prison or adherence to a religious sect that condemns marriage.

New Jersey.-Absolute for adultery, bigamy, or three years' abandonment. Partial for cruelty. Applicant must reside in the State, unless the marriage or the alleged misconduct occurred here.

New Mexico.-Divorce may be granted for violation of the marriage vow; habitual drunkenness; cruelty; failure of husband to provide.

New York.-Only for adultery will an absolute divorce be granted. Partial divorce is ordered for cruelty, desertion and neglect. Marriages are annulled for fraud or force, idiocy, lunacy or impotency at the time of marriage, or for bigamy.

North Carolina.-Only for impotency or adultery can absolute divorce be obtained. Partial divorce is granted for cruelty, desertion, or drunkenness.

Ohio.-Divorce is granted for unfaithfulness, bigamy, incapacity, cruelty, drunkenness, deception, three years' neglect and abandonment, or imprisonment in a penitentiary. Alimony may be granted; and if the decree is obtained on account of the husband's ill conduct, the wife has her separate property and her maiden name

restored.

Oklahoma.-Divorce may be granted for violation of the marriage vow; physical incapacity; willful desertion one year; habitual drunkenness: conviction of felony; cruelty.

Oregon.-Plaintiff must have been a resident for one year before bringing suit. Grounds are impotency, adultery, two years' drunkenness, three years' abandonment, cruelty, conviction of felony. Plaintiff gaining the suit has a right to one third of the real estate belonging to defendant; and if a successful plaintiff be the wife, she may have a maintenance awarded her.

Pennsylvania.-Plaintiff must have been a resident of the State for one year next preceding the application. Grounds: Deception or force in procuring the marriage, impotency, adultery, bigamy, cruelty and two years' abandonment, and two years' sentence to impris onment. Divorce will not be granted on the ground of adultery if proved to have been condoned. Even after a divorce, defendant is not allowed to marry a co-respondent. A wife may obtain partial divorce and alimony for ill treatment.

Rhode Island.-Divorce is granted for impotency, adultery, cruelty, drunkenness, neglect to support, five

years' abandonment, conviction of murder or arson, presumption of death from long absence, or for defect in marriage rendering it void. Divorce may only be decreed by Supreme Court. Alimony may be ordered, and restoration of wife's separate property.

But a

South Carolina.-Has no divorce laws. Tennessee.-The applicant must have been a resident of the State for two years next preceding the petition. Grounds: physical incapacity at time of marriage, big-ness on her sole and separate account, may sue and be amy, adultery, two years' abandonment, conviction of crime, imprisonment in penitentiary, drunkenness, ante-nuptial immorality of wife, attempt of either party upon the life of the other. Limited divorce may be granted for cruelty, desertion, or failure to provide. Texas.-Applicant must be really an inhabitant of the State and a resident of the county for six months previous to filing petition; grounds: adultery, three years' desertion, unendurable cruelty. Utah.-Divorce may be granted for violation of the marriage vow; willful desertion one year; habitual drunkenness; conviction for felony; cruelty; failure of husband to provide; parties cannot live in peace and Vermont.-Divorce is granted for adultery, cruelty, three years' abandonment, three years' imprisonment in penitentiary or seven years' absence without being heard of. The wife may obtain divorce where the husband, being able, fails to support.

union.

Virginia.-Grounds: Impotency, adultery, sentence to penitentiary, guilt of either of infamous crime before marriage, the other being ignorant, notorious immorality of wife before marriage, five years' abandonment. Partial divorce for cruelty or desertion. Alimony and maintenance of children are decreed, and the care of the children is given to either party at the discretion of the court.

West Virginia.-Divorce is granted for mental or physical defect at time of marriage, unfaithfulness, three years' abandonment, sentence to penitentiary, conviction of crime before marriage, or notorious immorality of either before marriage, the other party being ignorant. Partial divorce may be obtained for cruelty or desertion. Alimony and custody of children is decreed by the court.

Washington.-Divorce may be granted for violation of the marriage vow; physical incapacity; willful desertion one year; conviction for felony; cruelty; fraud and fraudulent contract; indignities as render life burdensome; insanity lasting ten years.

Wisconsin.-Unless the parties had been married and since remained in the State, the applicant must have been for one year a resident before filing a petition. Absolute divorce is granted for impotency, adultery, one year's abandonment, five years' separation, three years' sentence to penitentiary, cruelty and drunkenness. Partial divorce for desertion, cruelty, drunkenness, or failure to provide. The court may decree alimony, and the wife regain her separate propWyoming.-Divorce may be granted for violation of the marriage vow; physical incapacity; willful desertion one year; habitual drunkenness; conviction for felony; cruelty; failure of husband to provide one year; indignities as render life burdensome; vagrancy of husband.

erty.

[blocks in formation]

RIED WOMEN. Alabama.-Married women may hold all property, real and personal, acquired before and after marriage, as a separate estate not liable for the husband's debts, and it may be devised or bequeathed as by a single woman. This separate estate is liable for debts contracted by the woman before marriage, and for contracts after marriage for articles of comfort and support of family. The wife is entitled to dower of one half of husband's real estate, if he leave no lineal decendants, one third if there are any, provided she has no separate estate; if her separate estate is less than the dower interest would be, she is entitled to as much as would make it equal. Women attain their legal majority at twenty-one, but may marry without consent of their parents at eighteen.

Arizona.-Married women may carry on business and sue and be sued in their own names. All property acquired before marriage, and all afterwards acquired, by gift. grant, devise or inheritance, is separate estate, liable for her own but not for her husband's debts. She may control it and dispose of it in all respects like a single woman.

Arkansas.-Married women have absolute and un qualified right in property of every kind and are not liable for debts or contracts of the husband. schedule under oath, and verified by some other reputable person, must be made by the husband and wife, and filed in the recorder's office of the county where the property is, and of the county where they reside. The wife may control her property, may carry on busisued, may make a will and may insure her husband's life for her benefit. The widow is entitled to one third part of the estate, unless legally relinquished by her. California. All property acquired in any manner before marriage, or afterwards by gift, grant, inheritance or devise, is wife's separate property, controlled by her and not liable for debts of the husband. The husband's property similarly acquired is not liable for debts of the wife. All property acquired after marriage by husband or wife, except as above, shall be common property, but under the husband's control. Dower and curtesy are abolished, but the survivor takes half the common property after payment of debts and expenses of administration. A married woman may dispose of her separate estate by will without the consent of her husband and may insure her husband's life for her benefit. Colorado.- Married women are treated in all respects, as to their property rights, as if they were single. A wife may carry on trade or business, sue or be sued, contract debts, transfer real estate, and in all ways bind her separate property, without the husband's joining. She may make a will, but cannot bequeath more than half her property away from her husband without his consent in writing. The husband cannot by will deprive his wife of over one half of his property. Dower is abolished. The husband is liable for debts of the wife contracted before marriage to the extent of the property he may receive through her, but no further.

Connecticut.-Previous to the year 1877, the husband acquired a right to the use of all the real estate of the wife during her life and if he had a child by her and survived her, then during his own life as tenant by curtesy. By the Act of May 20th, 1877, the rights of married women are materially enlarged. Any woman married after that date retains her real estate as if unmarried. She may make contracts, convey real estate, and sue or be sued in regard to any property owned by her at the time of marriage, or afterwards acquired. The estate is liable for her debts, and, jointly with her husband, for debts contracted for joint benefit of both or household expenses. The separate earnings of a wife are her sole property. Dower exists only in real estate of which the husband is possessed at the time of his decease.

transact business in all respects the same as if unmarNorth and South Dakota.-Married women may ried. Neither husband nor wife has any interest in the separate estate of the other. The earnings and accumulations of the wife are her separate property and not liable for the husband's debts nor even for household debts contracted by her as her husband's agent. Her separate property is, however, liable for her own debts, contracted before or after marriage, if such debts are contracted on her own responsibility.

Delaware.-Married women, married since 1873, retain all real and personal property held at marriage, or since acquired from any person other than the husband, as their separate estate, and not subject to the disposal of the husband or liable for his debts. They may reeeive wages for personal labor, sue or be sued in respect to their own property as if unmarried; and the rents, issues, and profits of their separate estate are not controlled by the husband. The widow is entitled to one third dower of all the lands and tenements whereof the husband was seized at any time during her marriage, unless she shall have relinquished such right for and during the term of her natural life. She may be an administratrix, and the husband's life may be insured for her benefit if premium does not exceed $150.

District of Columbia.-Married women may bequeath, devise, or convey property or interest therein in the same manner as if unmarried. Real or personal property belonging to the wife at marriage or afterwards acquired is separate estate. She may sue and be sued in all matters pertaining to her property, and the husband is not liable for any contracts made by her in respect to her personal estate.

Florida.-Married women retain all real or personal property owned at marriage or acquired thereafter, and are not liable for the husband's debts. In order that it

GOVERNMENT AND LAW.

shall be free from his debts, the property must be inventoried and recorded within six months after marriage or subsequent acquirement of the property. The wife may sell and convey all real estate inherited by her the same as if she were unmarried; but her husband must join in all sales, transfers, and conveyances of her property, both real and personal. She is entitled to dower in a life estate in one third of all the real estate of which her husband was seized and possessed at his death or at any time during his life, unless she has relinquished the same; also an absolute one third of his personalty.

Georgia.-Married women retain as a separate estate all property in their possession at the time of marriage, or afterwards acquired and are not liable for any debts, By consent of defaults, or contracts of the husband. her husband advertised for four weeks she may become a free trader, in which event she is liable the same as if unmarried. The wife may not bind her estate by any contract of suretyship, either in behalf of her husband or any other person. The widow takes dower in one third of all the lands of which her husband was seized at his death; and wife and children, after the husband's death, are entitled to one year's support from his property, all other claims yielding to this.

Idaho.-All property, both real and personal, owned at marriage or afterwards acquired, by either wife or husband, remains a separate estate. All property acquired after marriage is held in common. Separate property of the wife should be inventoried with the county of it during recorder; the husband has control marriage, but cannot create a lien or encumbrance unless joined by the wife, who is examined separately. If the husband mismanages, or commits waste, the District Court may, on application of the wife, appoint a trustee to manage her separate property. Upon the death of husband or wife, half the common property goes to survivor; if no direct descendants, all goes to

survivor.

Illinois. Married women may own in their own right realty and personalty, may sue and be sued, contract and incur liabilities, the same as if unmarried; but they may not enter into or carry on any partnership business without consent of the husband, unless abandoned by him or he is incapable of giving assent. Beyond the necessaries, the husband is not liable for debts of the wife, except in cases where he would be jointly liable if the marriage did not exist. The estate of both is liable for family expenses, but the wife's separate earnings are her own. A surviving wife or husband takes one third of all the realty of the deceased, unless relinquished in due form. The husband and wife are put upon the same footing as to dower, and the estate of curtesy is abolished.

Indiana.-Married women retain all realty and personalty owned by them at marriage, or afterwards acquired, and are not liable for the husband's debts. The husband is liable for debts of the wife contracted before marriage only to the extent of the personal property he may receive from or through her, or derive from sale or rent of her lands. She may sell personal property, but she may not convey or encumber her real estate unless the husband joins. Suits against her separate estate should be brought in the name of both. A widow takes one third of her deceased husband's real estate in fee simple, free from all demands of creditors, where the estate does not exceed $10,000; where the estate is over $10,000 and under $20,000, she takes one fourth; and one fifth if it exceeds $20,000. She also takes one third of the personalty after payment of debts, and in all cases takes $500, without accounting, and may occupy the dwelling and forty acres of land for one year, rent free.

own name.

Iowa.-Married women may own in their own right real and personal property acquired by descent, gift, or purchase, may sell, convey, and devise the same, may sue and be sued, make contracts and buy goods in their Wife or husband are not liable for the debts of the other before marriage, or for separate debts inThe wife's earnings are her own, curred afterwards. and her note is good against her own estate. Women attain majority at eighteen, or earlier, upon marriage; a female of fourteen may marry. The surviving wife or husband is entitled to one third of the real estate of the deceased, free from all claims of creditors. If they leave no children, survivor takes one half, parents the other half.

Kansas.-Married women have the same property rights as men, and may make contracts, carry on business, sue and be sued, and sell or convey real estate pre

cisely as their husbands; their earnings or profits are
woman will bind her property the same as if unmarried.
their own. A note or indorsement made by a married
Homestead is absolute property of widow and children,
and neither wife nor husband may bequeath more than
half their property without written consent of the
other. If either die intestate and without children, the
Kentucky.-Married women may hold real or per-
entire property goes to the survivor.
sonal property as a separate estate free from the control
the Circuit Court, in which the husband must join, she
of the husband or liability for his debts. By petition to
Unless dower be barred, forfeited, or relin-
may acquire the right to transact business in her own
name.
quished, she takes one third of the real estate and one
half of the personal property.
Louisiana.-Married women may hold and control
both real and personal property owned at time of
marriage; all property or revenues of separate property
acquired by either husband or wife after marriage is
held in common, and is divided equally between them
at dissolution of the marriage either by death or divorce.
The wife may carry on a separate business, but her hus-
community of property exists; she cannot sue without
band will be bound by her contracts, so long as the
herself or her property for his debts. There is no right
the concurrence of her husband, and she cannot bind
of dower to the wife.

Maine.-A married woman holds real and personal property, acquired in any way except from the husband, the same as if single. She may make contracts, sue and be sued, and do business in her own name; and her property may be taken to satisfy judgments against her. Her property is liable only for her own debts. She joins husband in a deed selling his property to relinquish dower. He joins with her in selling hers only when such property comes from him. A wife, being abanhis personal property. Dower, life estate in one third doned by her husband, may be allowed to take and use of all husband's real property owned during coverture; one half if no children. He has same interest in deceased wife's estate.

Maryland.-Property acquired by a married woman is her own, controlled by herself, and is free from her husband's debts. She conveys by joint deed with the husband, but devises and bequeaths the same as if single. She may be sued with her husband on joint contracts made by them, and the property of both is one half, if none. equally liable. Dower one third, if they have children;

Massachusetts.-The property of a married woman She may make contracts, sue and be is managed by herself, and is not liable for her hussued, and do business in her own name, provided a cerband's debts. town clerk. Contracts and conveyances between hustificate is filed by her or her husband in the office of the band and wife are not allowed. Her conveyances of real estate are subject to husband's tenancy by curtesy. A wife cannot make a will affecting her husband's right to one half of the personal property or his tenancy by curtesy in her real estate, without his written consent. Dower as by common law.

Michigan.-Married women own and control property the same as if single. A wife may do business in her own name and make contracts, even with her husband. Her separate property is liable for wrongs committed by her. Widow has dower, but there is for the Minnesota.-A married woman holds property in her surviving husband no right of tenancy by curtesy. own name. She may make contracts, and her property is liable only for her own debts. She cannot sell or convey real estate further than a mortgage for purchase-money or a three years' lease, without her husband joining her. Contracts between husband and wife are void. The surviving husband or wife keeps the homestead for life.

Mississippi.--A married woman holds property acquired in any manner, and the revenues therefrom, for She may deher own use and free from control or liability of her husband. She may convey and encumber the same as if vise and bequeath. Deed from husband to wife is void single, but husband joins in conveyance. as to creditors at time of making it. A wife may not encumber her estate by mortgage or otherwise for her She husband's debts; she may do business on her own ac contracts, housekeeping and family expenses. count the same as if single, and is then liable for her joins her husband in conveyance of homestead, but not in that of his other property. Dower in property of which the husband dies seized.

Missouri.-A married woman controls her own property, and holds it through a trustee, free from liability for her husband's debts. She may make contracts, sign notes, and do business in her own name. She may make a will. She joins her husband in his conveyances to release dower. Her dower is one third for life of all lands owned by husband.

are.

Montana. A list of married woman's property filed and recorded saves it from being liable for the husband's debts, except necessaries for herself and children under eighteen. A married woman may become a sole trader by recording her intention. If she invests more than $10.000 in business she must make oath that the surplus did not come from her husband. The husband is not liable for debts contracted by her in business. She is also responsible for the maintenance of her children. A surviving husband or wife takes one half of deceased's property, if no children; one third if there Nebraska.-A married woman holds her separate property free from the disposal of her husband and from liability for his debts. She may bargain, sell, make contracts, do business, sue and be sued, all so far as her separate estate may warrant; but she cannot become surety for another, not even being allowed to bind herself for her husband's debts. Property coming to the wife from the husband is not privileged as her separate property. Dower, use for life of one third of real estate owned by husband during coverture. Nevada.-The separate property of a married woman which is controlled by herself is such as she may have owned before marriage or acquired afterwards by gift, devise, or descent. All property acquired otherwise, by either husband or wife, is common property, and under the absolute control of the husband. On the death of the husband the widow receives one half of the common property.

New Hampshire.-A married woman holds property owned before marriage or acquired afterwards, except what may come from the husband, for her own use. She may sell, convey and encumber, devise and bequeath, do business, give notes, sue and be sued. Her contracts are binding, excepting that there can be no contracts or conveyances between husband and wife, nor can the wife become security for her husband. Wife is entitled to dower.

New Jersey.-The property owned before marriage, and such as she may acquire afterwards by gift, descent, or bequest, is the sole property of a married woman and is not liable for the husband's debts. She may make contracts, but cannot sell or encumber her real estate without consent of husband. She cannot indorse notes or become security. She joins husband in his conveyances and mortgages. Dower and curtesy.

New Mexico. The separate property of a married woman is what she owned previous to marriage, or what she may inherit. All that she acquires afterwards, and the revenues of her separate estate, go into the common property. The husband has control and management of her separate estate and the common property. There is no dower, but on decease of a husband the wife's private property is first deducted; then she receives one half of the common property, after all debts are paid. If there be no children she has a right to all the common property.

|

court, by which she shall have all property rights as a femme sole. Dower in all real estate owned by husband! during coverture.

Oklahoma.-Neither husband nor wife has any interest in the property of the other. Either may enter into any engagement or transaction with the other, or with any other person, respecting property which either might, if married, subject, between them, to rules which control the actions of persons occupying confidential relations. The wife may, without consent of husband, convey her separate property. Woman retains the same legal existence and personality after marriage as before, and receives the same protection of her rights as does her husband. She may hold and transfer real and personal property; may buy and sell goods, give notes or other obligations, and sue and be sued, same as if unmarried.

Oregon.—A married woman holds her property free from the control or debts of her husband. She may make contracts, buy and sell, and give notes, and her own property will be liable. The husband joins in her conveyances. She may make a will, but it must not interfere with her husband's rights of curtesy.

Pennsylvania.-The property of a married woman is held as her separate estate, but is chargeable for family necessaries ordered by her. A wife cannot make a contract or conveyance without her husband joining her. By obtaining leave from the court she may have the benefit of her own earnings. She may make a will, saving the husband's right by curtesy. She may deposit money in bank and write checks against it in her own name. Dower, one third of all real estate owned by husband during coverture.

Rhode Island.-A married woman's property is held by trustees for her separate use free from her husband's debts. She cannot make contracts or do business. She may make a will subject to husband's right by curtesy. South Carolina. The property of a married woman cannot be seized for her husband's debts. A married woman can bequeath, devise, and encumber her separate property. She can buy in her own name, and have conveyances made to her, and make contracts, the same as if she were single. A gift from husband to wife is not, good against a creditor's claim. Dower rights.

Tennessee. A married woman has her separate property free from the husband's control and from liability for his debts. She may encumber, convey, or devise her separate property without being joined by her husband in the deed. Widow has dower in one third of husband's real estate, and a child's share in his personalty. The husband dying intestate, leaving no heirs, the wife inherits all his property.

Texas. The property owned by husband or wife before marriage, and what either may acquire afterwards, by gift, devise, or descent, is community property. The husband controls the common property and the wife's separate estate. The common property is liable for the debts of either, and the husband may dispose of it. Ati the death of either, the survivor takes one half and the children the other half of the common property. The husband joins wife in conveyance of her separate property. She joins him in conveyance of homestead. A married woman cannot do business in her own name, but she may become security for her husband by mortgaging her separate estate.

New York.-Married women may have real and personal property, buy and sell, and do business in their own names. A married woman is liable for debts contracted in her own trade or business, or when an agree-make contracts the same as if single. ment or contract has been made for the benefit of her separate property, when, by the terms of such instrument, her separate property is to be charged with the liability. Dower.

Utah.-A married woman's separate property is held, i managed, controlled, and disposed of by herself. A wife may carry on business, sue and be sued, give notes and

North Carolina.-A married woman's separate property is not liable for her husband's debts. She may devise and bequeath, but must have husband's consent to convey. Unless she be a free trader, she can make no contract other than for personal or family necessities or for payment of ante-nuptial debts, without the consent of her husband. She becomes a free trader, the husband assenting, by filing her intention. Common law dower and one year's subsistence.

Ohio. The property of a married woman is not liable for her husband's debts; beyond a three years' lease or a contract for the improvement of her real estate, she cannot sell or encumber it without the consent of her husband. If a married woman engages in trade, her separate property is liable for the debts she may then contract, and she may sue and be sued the same as if single. A deserted wife must procure an order from

Vermont. The property of a married woman is held separate, and is not liable for her husband's debts. In conveyance of the wife's real estate the husband must join in deed. A married woman may make a will. Widow has dower in one third the real estate of which the husband died seized.

Virginia. A married woman holds the property owned by her previous to marriage, and what she may afterwards acquire, as sole trader, free from the control of her husband, and from liability for his debts. She may make a will subject to husband's rights by curtesy. Common law dower."

West Virginia.-The property of a married woman, however acquired, except from the husband, is held for her sole and separate use. Husband must join in conveyances of real estate. Dower.

Washington.-The property owned before marriage by husband or wife, and all acquired afterwards by gift, devise, or descent to either, is separate property. All otherwise acquired is common property, subject to control of the husband. He also controls the separate

« PreviousContinue »