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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.)
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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.)