This section is from the book "The Law Of Contracts", by Theophilus Parsons. Also available from Amazon: The law of contracts.
In Maryland, a married woman's property, real and personal, at the marriage, or after acquired by purchase, gift, grant, devise, bequest, or inheritance, is free of her husband's debts; but no transfer to a wife from him is valid if in fraud of creditors, Public General Laws of 1888, Art. 45, § 1. She holds her property for her separate use, and may devise it as if unmarried, or convey it by a joint deed; but if he is insane, by a separate deed or mortgage. If she dies intestate with issue, the husband has a life estate in all her property; if without issue, a life estate in the real, and the personal absolutely. On a joint contract she may be sued jointly and the judgment be collected as if they were unmarried, § 2. And see Acts of 1890, c 394. She may, but need not, have a trustee appointed; if without, she may sue, by her next friend, to protect her property, as if unmarried, §§ 3, 4. Dower and curtesy exist in lands held by equitable title, §§ 5, 6. A married woman is entitled to her earnings, and has power to invest and dispose of them; but such property is liable for her debts incurred in the business or occupations by means of which she acquired it, § 7. She may insure her husband's life, payable to herself free of all claims, or if she die first, to her children, descendants, their guardian or legal representatives, and her husband may assign policies to her, or take them out in her name, and the proceeds are free from claims of creditors, §§ 8-10. Her receipt for deposits by her is valid, but if the deposit is in fraud of creditors the latter may attach, § 11. If she makes a lease, and if the rent is unpaid ninety days, she may be distrained upon for rent or suffer a re-entry, § 14. In all deeds to her, she may bind herself and assigns by covenants, as if unmarried, § 15. A married woman may convey or mortgage her property, the husband joining, and execute and acknowledge the same or a bill of sale like other grantors, without a private examination, and may release dower by a joint or separate deed, § 12. Her property, and not her husband, is liable for her ante-406 nuptial debts, § 17. Suits for such debts may be brought against her as if unmarried, joining her husband , but judgment shall pass against her and her estate only; and she may appoint an attorney at law to act For her, §§ 18, 19. If a lease vests, by deed, will, or operation of law, in a married woman, she is liable on all its covenants running with the land, as if unmarried, § 16. If she dies intestate, without issue, her personal property, including choses in action, devolves on the husband absolutely, without administration, unless she leaves debts; but if with issue, the same devolves on her administrator, the surplus to be distributed to the husband for life only, thence to her descendants per stirpes, the estate to be Invested by and subject to the older of the court, Art. 93, § 32.
In Massachusetts, all of a woman's property at her marriage remains her separate property, and a married woman may receive, receipt for, hold, manage, and dispose of property, as if unmarried; but without her husband's written consent she cannot impair his curtesy or his tenancy for life in one half her real estate in case no issue have been born alive who might have inherited. Public Statutes of 1882, c. 147, § 1, and Acts of 18S9, c. 204. She may make contracts as if unmarried, but not with her husband, § 2. A husband and wife are not authorized to transfer property to each other, except that he may give her wearing apparel, and articles of personal use and ornament up to S2,000, it not in fraud of creditors, § 3, and Acts of 1884, c. 134. Her labor for other than her husband and children, unless expressly agreed otherwise, is presumed to be on her separate account, § 4. She may be an executrix, administratrix, guardian, or trustee, and may bind herself and the estate she represents without his act or assent, § 5. A married woman may make a will as if unmarried, but may not, without the husband's written consent, deprive him of curtesy or of more than one half of her personal estate, or of his tenancy in half of her real estate in case no issue have been born who might have inherited; but if deserted such consent is unnecessary, § 6, and Acts of 1884, c. 301; 1885, c. 255; 1887, c 290. She may sue and be sued as if unmarried, but no suits can be had between husband and wife, § 7. She is not liable for her husband's debts, nor her property on an execution against him unless she fails to record a certificate that she is doing business on separate account, §§ 8, 11. The husband is not liable for an antenuptial or postnuptial debt, except when such a certificate is not recorded. § 9. Her contracts touching her property, trade, business, labor, or services do not bind him or his property, except on failure to record such a certificate, but bind her and her property as if unmarried, § 10. When she does or proposes to do business on her separate account, a certificate giving their names, its nature and the place with street and number, must be recorded, failure to do which renders the property employed liable for the husband's debts and the husband liable on all contracts as if made by himself, § 11. She may have a trustee appointed to take charge of her property, § 13. If her real estate is taken by eminent domain, the compensation therefor may be invested so as to secure her the same benefit as from the property taken, § 14. If she comes into the State without her husband, she may act as if unmarried, § 29. When husband and wife come into the State and reside as such, she retains all her property, and subsequent rights accrue as if the time of their coming was the time of their marriage, § 30. If he deserts her or is in the state-prison, not leaving a maintenance, she may, by leave of court, dispose of her property or of any undisposed personal property coming to him by reason of the marriage, as if unmarried, during such absence or imprisonment, § 31. Her personal wages are not liable to trustee process in a suit against the husband, c. 1S3, § 29. If she dies intestate, without issue living, he takes of her real estate in fee up to $5,000, and curtesy in the remainder; if she dies without kindred, the whole in fee, c 124, § 1. If a married woman dies leaving issue and personal estate undisposed of by will, one half of the same goes to the husband, Stat. of 1S82, c. 141. Provision is made for homestead estate to the extent of $800. Pub. Stat. c. 123.
 
Continue to: