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Married Women's Rights

All the property which a married woman owns at the time of her marriage, together with the rents, issues, and profits accruing therefrom, as well as the property that comes to her by descent, device, bequest, gift, or grant, or which she acquires by her trade, business, labor, or services performed on her separate account shall, notwithstanding her marriage, remain her sole and separate property; and she may use, collect and invest it in her own name, and it shall not be subject to the interference or control of her husband, or be liable for his debts, unless for those debts that may have been contracted for the support of herself or children, by her, as his agent. Married women may also bargain, sell, assign, transfer such property, and they may enter into contracts in regard to the same, in regard to their separate trade, labor, or business, with a like effect, as if they were unmarried. A married woman's husband, however, is not liable for such contracts, and neither he nor his property is in anywise liable therefore. A married woman may also sue and be sued in all maters relating to her sole and separate property, in the same manner as if she were still a sole woman.

Contracts of married women may be enforced against them, and their separate estates in the following cases :- First-When the contract is created in or respecting the carrying on of the trade or business of the wife. estate.

Secondly-When it relates to or is made for the benefit of her sole or separate Thirdly-When the intention to change the separate estate is expressed in the contract creating the liability.

Should a husband receive a principal sum of money belonging to his wife, the law presumes that he received said money for his wife's use; and he must, therefore, expend it on her account, by her authority or instruction, or prove that she gave it to him as a gift. Otherwise he must account for it.

Should the husband receive interest or income on the money, and spend it with his wife's knowledge, without any objection on her part, the law presumes it a gift from acquiescense.

When a husband receives money from his wife, and expends it, under her direction, on his land, in improving the family home, it is held to be a gift, and cannot be recovered by the wife, or reclaimed, or an accounting demanded.

Should a wife appropriate her separate property to the use and benefit of her husband, in the absence of any agreement to repay, or any circumstances from which such an agreement may be inferred, no relation of debtor and creditor will be created between them, nor will the husband be rendered liable to account.

A gift by a wife to her husband, though no words be spoken, may be shown by the very nature of the transaction, or appear from other attending circumstances.

When a wife causelessly deserts her husband, she is not entitled to the right of a Court of Equity in obtaining possession of such chattels as she has contributed to the furnishing and embellishment of her husband's house. But her legal title still remains, and she could convey her title to a third party by sale, and that party would have a good title, unless a husband could prove a gift,

A wife's property is not subject to a lien of a sub-contractor for materials furnished to a husband for the construction of a building thereon, unless it be shown that the wife was notified of the intention to furnish said materials, or a settlement concluded with the contractor, and given to the wife, her agent, or her trustee.