This section is from the book "The Law Of Contracts", by Theophilus Parsons. Also available from Amazon: The law of contracts.
In Idaho, all the property of a wife, owned before or acquired alter marriage by gift, bequest, devise, or descent, is her separate property, Revised Statutes of L887, § 2495. So of the husband, § 2196. All other acquired property is common, §2497. The husband shall manage the wife's separate property, hut no conveyance or lien is effective unless in writing, signed by both, and acknowledged by her apart from him, § 2498. If he mismanages, a trustee may be appointed by and subject to the court to pay over the profits as directed, § 2499. The husband controls the common property, as if it was his separate property, except the homestead. § 2505. The wife's separate estate may be inventoried and the inventory recorded. If this is done it is prima facie evidence of her title, §§ 2500, 2501. Her earnings and those of her minor children when she is living apart from her husband are her separate property, § 2502. His separate property is not liable for her debts contracted before marriage, § 2503. Nor her separate property for his debts, § 2504. Neither curtesy nor dower is allowed, § 2506. The wife must support her husband from her separate estate when he has no separate property, there is no community property, and he from infirmity is unable to support himself, § 2507. Contracts for marriage settlements are valid if acknowledged and recorded. §§ 250S-2512. On the death of the wife community property unless set apart by judicial decree for her support goes to the husband without administration. § 5712. On the death of the husband, half of the community property goes to the wife, the other half being subject to the husband's testamentary disposition, and if undisposed of, descending to his descendants or kindred in the same way as his separate property, § 5713. A married woman may make a will and dispose of all her separate estate without her husband's consent, § 5726. She may become a sole trader by judgment of the District Court on complying with certain formalities, §§ 5S50-5860. When a married woman is sued her husband must be joined, except 1. When the action concerns her separate property or the homestead, she may sue alone.
2. When the action is between herself and husband, she may sue or be sued alone.
3. Likewise when she is living apart from her husband, § 4093. If husband and wife are sued together she may defend her own right, and if her husband neglects to defend his right, she may do so.
In Illinois, a married woman may sue and be sued alone as if unmarried, Revised Statutes of 1887, c. 68, § 1. If husband and wife are sued jointly she may defend her right, and if either neglect to defend the other may defend for such one also, § 2. If either desert the other, the deserted party may prosecute or defend actions in the name of the deserting party, § 3. The husband is not liable for his wife's torts, § 4. Neither husband nor wife is liable for the debts of the other contracted before marriage. Nor are the wages, earnings, or property of either liable for the debts of the other, § 5. She may contract as if unmarried, but without her husband's consent she may not become a co-partner, unless he has deserted her, is insane, or in the penitentiary, § 6. She may use and sue for her earnings as if unmarried, § 7. Neither may recover from the other for services, §8. A married woman may own, in her individual right, property obtained by descent, gift, or purchase, and manage, sell, and convey the same as the husband can his property; but if living together, a transfer to him, to be valid against third persons, must be in writing and acknowledged and recorded like chattel mortgages, § 9. When either obtains or retains property of the other, the latter may bring action as if unmarried, § 10. She is equally liable with her husband for family expenses and the children's education, and may be sued therefor singly or jointly, § 15. If when eighteen years old she joins her husband in the conveyance of her real estate, she is bound as if unmarried, c. 30, § 18; and her acknowledgment may be taken as if unmarried, § 19. If she dies intestate without issue, the husband is entitled to one half of the real estate and the whole of the personal estate absolutely; if she leaves issue, to one third of the personal property absolutely; if no issue or kindred, to the whole of her estate, c 39, § 1. A homestead to the value of $1,000 is exempt from attachment for debt, and so continues while occupied by the survivor or the children until the youngest is twenty-one years of age, or if the husband or wife deserts the family, in favor of the occupier, c. 52, §§ 1, 2. She may cause the life of her husband to be insured for her own use, or that of her children, if she dies before it accrues; but if the premium is paid in fraud of his creditors, an amount equal to the sum so paid with interest shall inure to their benefit, c. 73, § 54. Her separate property is chargeable with the support of poor descendants or ancestors, c. 107, § 2.
In Indiana, a married woman may sue alone touching her separate property and when the suit is between herself and husband, Revised Statutes of 1881, c. 2, § 254. The wife of a person who has absented himself from home for five years has the same rights and powers as if unmarried to make contracts, deeds, and acquittances during the absence, c. 6, § 2234. If she die, testate or intestate, one third of her real estate descends to her husband subject to its proportion of her antenuptial debts, c. 7, § 2485. A wife's personal property at the marriage or acquired afterwards by descent, devise, or gift, remains her own like her real estate. If the husband dies first, it goes to her; if she dies first it is distributed like her real estate, § 2488. If she dies intestate without issue but leaving parents, three fourths of her property go to her husband and one fourth to the parents or the survivor, but if only $1,000 in all, the whole goes to the husband. If she leaves no issue nor parents, the whole goes to the husband, §§ 2489, 2490. A married woman may dispose of her property by will, c 9, § 2557. A married woman's lands and the profits are her separate property as fully as if unmarried, free of her husband's debts, but she cannot convey or encumber them unless he joins in a deed, c. 71, § 5116. A married woman may acquire property by conveyance, gift, devise, or descent, or by purchase with her own money, and control the same and the profits, as if unmarried. She may likewise contract about and dispose of her personal property, but not the real, unless the husband joins, § 5117-Her covenants for title and official bonds bind her as if unmarried, § 5118. But her contract of suretyship is void, § 5119. The husband is not liable for her business debts on her sole account, or if in partnership other than with himself, nor for improvements on her property by her authority, § 5122. She alone is liable for such improvements, made by his order with her consent in writing, § 5123. She has the same exemption of property from seizure and sale for debt as householders, § 5124. The husband is liable for her antenuptial debts to the extent only of personalty received through her or derived from the sale or profits of her land, § 5125. Judgment for such debts may be rendered against them jointly, to be levied on her land only, § 5127. The husband can convey no interest in her land by his separate deed, § 5128. Suits about such land are to be brought against them jointly, or if living apart, against her alone, $ 5129. She may do business and labor on her separate account, the profits of which, other than for her husband or family, are her separate property, § 5130. She may sue as if unmarried for damages to her person or character, such to be her separate property, § 5131. If it shall appear to be beneficial to her, a married woman may, by leave of court, convey or incumber her real estate without the husband's joinder, § 51:57.
 
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