The Vermont Statutes Online

Title 15: Domestic Relations

Chapter 003: Rights of Married Women

• Subchapter 001: General Provisions

• § 61. Contracts; suits on contracts; partnership with husband

  A married woman may make contracts with any person other than her husband and bind herself and her separate property in the same manner as if she were unmarried. She may sue and be sued as to all such contracts made by her, either before or during coverture, without her husband being joined in the action as plaintiff or defendant, and execution may issue against her and be levied on her sole and separate goods, chattels and estate. Irrespective of the provisions herein, a married woman may enter into a contract of general or limited business partnership in which partnership her husband is also a partner, may contract with him for such purpose and may be a partner with him.

• § 62. Woman marrying pending action to which she is party

  If an unmarried woman, who is party to an action, marries during the pendency thereof, such civil marriage may be suggested upon the record. Such action shall not abate by reason of the marriage, but shall proceed to final judgment, decree, or execution in the same manner as if she had remained unmarried. (Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)

• § 63. Executrix, administratrix, guardian, or trustee

  A married woman may be appointed executrix, administratrix, guardian, or trustee, and the marriage of a single woman shall not affect her authority to so act under a previous appointment. (Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)

• § 64. Sole deed

  A married woman may convey or mortgage by her sole deed the real estate of which she is seized in her own right to her sole and separate use as she might do by her separate deed if unmarried. She may by her sole deed convey or mortgage and manage and control any other real estate acquired by her on or after February 13, 1919, except that a homestead interest therein and the real estate of which she is seized jointly with her husband may be conveyed or mortgaged only by the joint deed of herself and husband.

• § 65. Name on deed

  When a conveyance of real estate is made by a married woman and such real estate was acquired by her under a name other than her present married name, such conveyance shall set forth both her present married name and the name under which such real estate was acquired. Such conveyance shall be indexed by a town or county clerk receiving the same for record under both her present married name and the name under which such real estate was acquired. However, a deed which fails to describe the grantor, as aforesaid, shall not impair the grantee’s title conveyed by such deed.

• § 66. Rights in personalty

  All personal property and rights of action acquired by a woman before or during coverture, except by gift from her husband, shall be held to her sole and separate use. Neither a wife’s separate property nor the rents, issues, income and products of the same shall be subject to the disposal of her husband or liable for his debts. Nothing herein contained shall authorize a claim by either husband or wife against the other for personal services.

• § 67. Estates by entirety

  Real estate and tangible personal property and the products thereof, held and owned by husband and wife by the entirety, are made chargeable during the lifetime of the husband for the debts contracted by him for the necessary upkeep of such property, in the same manner and to the same extent as if owned and held by him in his sole name.

• § 68. Income and monies from sale of real estate

  The rents, issues, and products of the real estate of a married woman, and monies and obligations arising from the sale of such real estate, and the interest of her husband in her right in real estate that belonged to her before marriage, or that she acquires by gift, grant, devise, or inheritance during coverture, shall be exempt during coverture from attachment or levy of execution for the sole debts of her husband. However, such annual products may be attached or levied upon for a debt or liability of her husband for the necessaries for the wife and family of such husband, and for debts for labor or materials furnished upon or for the cultivation or improvement of such real estate. (Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)

• § 69. Liability for debts or torts of spouse

  A married person shall not be liable for a debt contracted by his or her spouse before marriage, nor for the torts of his or her spouse unless committed by the person’s authority or direction. (Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)

• Subchapter 002: Wife Deserted or Living Apart from Husband

• § 101. Repealed. 1973, No. 201 (Adj. Sess.), § 12.

• § 102. Complaint by wife to sell real estate

  When a married man is incapacitated for supporting his family, or deserts, neglects, or abandons his wife, or by ill-usage or criminal conduct gives her cause to live apart from him, or is committed to the Commissioner of Corrections, if the wife is of age, a presiding judge of the Superior Court, upon her complaint for that purpose, may authorize such wife to sell and convey her real estate, or personal property that came to the husband by reason of the civil marriage and that remains in the State undisposed of by him. Such judge may authorize a person holding money or other personal estate, to which the husband is entitled in her right, to pay or deliver the same to the wife. A married woman who is of age and lives apart from her husband and has lived apart from her husband more than one year from any cause other than her adultery, and who has real estate in her own right, may petition a presiding judge of the Superior Court for leave to sell and convey such real estate. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 3, § 12a, eff. Sept. 1, 2009.)

• § 103. Determination of amount contributed to property by husband; sole and separate deed of wife

  If it appears to the presiding judge that such real estate was acquired by such married woman, in whole or in part, otherwise than by gift or conveyance from her husband, and otherwise than as a result of his industry, accumulations, or savings, and that her needs or comforts or the needs or comforts of her minor children require the income or proceeds of such real estate or her interest therein, the judge shall determine what amount, if any, the husband has contributed toward such property. Such judge shall authorize such married woman to sell and convey such real estate by her sole and separate deed upon payment or tender to her husband of such sum, if any, as the judge finds he has contributed to the purchase of such property, to be proportionately increased or decreased to correspond with any material change in value, found by the judge, of such property subsequent to the date of the first contribution, if any made by the husband. Such deed shall have the same effect to pass title to such property as if joined in by the husband.

• § 104. Proceedings on complaint and enforcement of orders and decrees; appeal of husband

  The same proceedings shall be had on such complaint and in relation to enforcing orders and decrees as in other proceedings in the Superior Court. An appeal on the part of the husband shall not be allowed to the Supreme Court from an order or decree until he has indemnified the plaintiff for delays and costs as the judge directs. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

• Subchapter 003: Life Insurance Policies

• §§ 141-144. Repealed. 1967, No. 344 (Adj. Sess.), § 8.