Legal Status of Women in IowaWilson, Jennie L. (Jennie Lansley)
History
Legal Status of Women in Iowa
Wilson, Jennie L. (Jennie Lansley)
Women -- Legal status, laws, etc. -- Iowa
Neither husband or wife is liable for the debts or liabilities of the
other incurred before marriage, and except as herein otherwise declared,
they are not liable for the separate debts of each other; nor are the
wages, earnings, or property of either, nor is the rent or income of
such property liable for the separate debts of the other [§3403.] The
husband is liable for necessaries furnished the wife, upon an implied
obligation to provide for her a reasonable support. The term
"necessaries," is not confined to the supply of things actually demanded
for her sustenance, such as food, clothing and medicine, but includes
all that may be needful for her comfort and happiness according to her
rank and station in society. In determining the extent of the husband's
liability, it is always proper to consider the wife's social position
and the circumstances and condition of the family, and these will, of
course, vary in each particular case. It has been held that jewelry is
included in the term necessaries and that attorney's fees in divorce
proceedings by the wife, can be recovered from the husband. If the wife
is compelled to leave her husband because of cruel and improper conduct
on his part, the husband is still presumed to have extended to her a
general credit for necessaries, such as meat, drink, clothes, medicine,
etc., suitable to his degree and circumstances.
[Sidenote: Contracts of wife.]
Contracts may be made by a wife and liabilities incurred, and the same
enforced by or against her to the same extent and in the same manner as
if she were unmarried [§3404.] By this provision a wife is clothed with
the same rights enjoyed by her husband, and must, therefore, assume the
same liabilities. She has the same freedom to contract in reference to
her property, or other matters, and will be held to the same strict
accountability. The law will enforce her obligations with the same
impartiality, whether such obligations are express or implied. She may
contract with reference to all kinds of property, including real estate,
and may mortgage her property as security for the debt of another, in
precisely the same manner that her husband could do in similar cases.
[Sidenote: Family expenses.]
Public-domain text, read in full here on John Shaqi.
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