The government class book: Designed for the instruction of youth in the principles of constitutional government and the rights and duties of citizens.Young, Andrew W. (Andrew White)
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The government class book: Designed for the instruction of youth in the principles of constitutional government and the rights and duties of citizens.
Young, Andrew W. (Andrew White)
United States -- Politics and government -- Handbooks, manuals, etc.
§6. In law, the husband and wife are regarded as one person. By the
common law, the husband, by marriage, acquires a right to the property
of the wife which she had before marriage, and which she may acquire
after marriage. To her personal property, including debts due her by
bond, note, or otherwise, he has an absolute right, and may use and
dispose of the same as he pleases. Her chattels real, however, which are
leases of land for years, though personal property, he can not dispose
of by will; and if he makes no disposition of them during his life time,
and she outlives him, she takes them in her own right. If he survives
his wife, he acquires an absolute right to them.
§7. But to the real estate of the wife, the husband does not acquire an
absolute right. He has only a right to the use, rents, and profits
thereof during his life, if he shall die before his wife; and in that
event she takes the estate again in her own right. If the wife dies
first, and there are no children, her heirs immediately take the estate.
If there are children living, the husband holds the estate for life, and
on his death it goes to the wife or her heirs.
§8. But this rule of the common law which gives to the husband the
possession and disposal of the property of the wife, has been repealed
by special enactments in most of the states. By these state laws, the
real and personal property of the wife owned by her before marriage, or
conveyed to her by any other person than her husband after marriage,
with the rents and profits of such property, is declared to be her own,
and at her disposal, and not liable for the debts of her husband, except
in a few cases specified in the law of each state. In some of these
states, although the property of the wife is not liable for the
husband's debts, he has the control and management, and the rents and
profits of it.
§9. As the husband, by common law, acquires, by marriage, an interest in
the property of his wife, he becomes liable for her debts contracted
before marriage; but if they are not recovered of him during coverture,
he is discharged _Coverture_, in law, is the state of a married woman,
considered as under _cover_, or under the power of her husband. Some of
the states which have abolished the common law right of the husband to
the property of the wife acquired before marriage, have also abolished
the common law obligation of the husband to pay the debts of the wife
contracted before marriage; her property alone being liable for such
debts.
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