This section is from the book "The Law Of Contracts", by Theophilus Parsons. Also available from Amazon: The law of contracts.
In New Mextco, all property owned by any married woman before marriage continues her separate property, and she may receive, bold, and enjoy property of every kind and all avails of her industry free from any liability for her husband's debts, Compiled Laws of 1884, § 1087. She is bound by contracts and responsible for torts. She may make any contract with her husband's consent, but her conveyances, mortgages, and leases of real estate are invalid unless her husband joins with her. But if he is insane his guardian may join instead, and no estate of curtesy shall attach as against a mortgage for the purchase money, § 1088. Neither is liable for the other's debts, except for necessaries furnished the husband or family. Husband and wife may be agents for and contract, with one another, but each is chargeable with notice of the contracts and debts of the other, § 1089. Whenever cause for divorce exists application may be made to court for a decree cutting off curtesy or dower, § 1090. A husband is not exempted from liability for torts committed by his wife, § 1091. Persons of either sex, not otherwise prohibited by law, may make a will, § 1378. Married persons, having no direct heir, may constitue each other, mutually, as heirs, § 1386. One half of the wife's property, testate or intestate, after deducting the common debts of the marriage and her private debts, belongs to the husband, §§ 1410, 1411. When her property amounts to §5,000, and the heirs be not descendants, or in the absence of these it exceeds this sum, after certain deductions are made, the husband is entitled to one fourth, if without this aid he would remain poor, § 1413. When the husband or wife dies without legitimate children, the survivor takes all the acquired property of the marriage community, § 1422. Separate examination is not required in acknowledgment of deeds, Laws of 1888-89, c. 46, § 2.
In New York, the property of a married woman at the marriage and its income remains her separate property, free from the disposal or debts of her husband, as if she were unmarried, Revised Statutes of 1889, vol. iv. p. 2601. A married woman may take by descent, gift, grant, devise, or bequest from other than her husband, and hold to her separate use, and convey and devise, property and its income, free from her husband's disposal and debts, as if she were unmarried, ib. A trustee of her property, on her written request and by leave of court, may convey to her all or a part of such property or its income for her sole use and benefit, ib. Marriage contracts are valid, p. 2602. A married woman's property, coming to her by descent, will, or gift, by business or labor on her sole account, owned at the marriage, and its income, remains her property, may be used, collected, and invested in her own name, free from her husband's control or debts, except such latter as were contracted for family necessaries, p. 2603. She may dispose of her personal property, carry on business, and perforin labor on her separate account, and her earnings are her property, and may be used or invested in her own name, ib. She may sell, convey, and contract about her real estate in all respects as if unmarried, and may covenant so as to bind her separate property, ib. Neither her contracts touching her separate estate or business bind her husband, p. 2604. A joint action may be brought against them for her antenuptial debt, but the judgment binds her separate estate only, or her husband only to the extent of her property acquired by him, p. 2602. She may insure his life for her sole use up to S500 premium, ib. She may, if without issue, dispose of such insurance by will, p. 2604. If of age, she may give and execute a power of attorney as if unmarried, p. 2605; may assign or surrender, with his assent, a policy on his life for her benefit, ib. She may contract as if single except with her husband, p. 2606. Husband and wife may convey directly to each other, ib.; and may acknowledge instruments, or proof of execution be taken, as if unmarried, p. 2487; a widow is entitled to one third of her husband's personalty, and if be leaves no descendant, parent, brother, sister, nephew, or niece, to the whole, p. 2565. A husband is entitled to the same share of his deceased wife's personalty, p. 2567; she may sue and defend as if single, and the husband should not be joined in a suit affecting her separate estate, Code of Civil Procedure, §450.
In North Carolina, a married woman is alone liable for her antenuptial contracts, Code of 18S3, §§ 1822, 1823. The husband must be joined in a suit against her, but judgment will not issue against him for her antenuptial debts or postnuptial contracts, § 1824. But he may be liable for costs for misconduct in such a suit, or discharged from the defence, § 1825. She cannot contract to bind her property without the husband's written consent, except for necessary personal expenses, for family support, or for discharging antenuptial debts, unless she is a free trader, § 1826. She may by an antenuptial contract, or by the husband's written consent, acknowledged and recorded, become such a trader, and contract as if unmarried, §§ 1827 -1829. She may, after due notice, cease to be a trader, and return to her disability, except as to incurred liability or subsequent fraud, § 1830. If living with his wife a husband is jointly liable for her torts, § 1833. She must be joined by her husband in a conveyance of her real estate, except in a lease up to three years, § 1834. She may contract with her husband, but may not, without leave of court, thereby charge her real estate longer than three years, §§ 1835, 1836. Her separate income, if saved, is her separate property; but if he receives it without objection, he is liable to account for it but a year, § 1837. She may dispose of her property by will as if unmarried, but not to impair curtesy, § 1839. If she dies intestate, in whole or in part, he holds her personal estate, subject to her debts. If he then dies before administering, it passes into his estate, still so subject, § 1479; but this right is lost upon dissolution of marriage, or by separation and living in adultery, §§ 1480, 1482, 1845. She may insure his life and dispose of her interest therein by will, § 1841. In executing an instrument for registry, she must acknowledge after a separate examination by the proper officer, § 1246, (6).
 
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