Alabama. A married woman has generally full contractual capacity, and a husband and wife may contract with one another, but a wife cannot either directly or indirectly contract as surety for her husband.19

Alaska. A married woman has full contractual capacity.20

Arizona. A married woman has full contractual capacity but she cannot bind the community property by her contracts.21

Arkansas. The Constitution secures to married women enjoyment of their property as if they were unmarried, but no statutory change was made in the contractual capacity of a married woman until 1915, when she was given power to contract as if sole."22

California. A married woman may contract as if sole, but community property is not bound by such contracts unless the husband joins. Husband and wife may contract with one another.23

Colorado. A married woman may contract as if sole.24

Connecticut. A married woman may contract with third persons.25

19Code (1907), Sera. 4492, 4497. 20Code (1907), Part V, Sec. 68 21 Rev. Stat. (1913), Sec. 3852. 22Kirby 4 Castle's Dig. of Stat.

(1916), Sec. 6120; Walker v. Arkansas Nat. Bank, 266 Fed. 1 (C. C. A.).

23Civ. Code, Sec.158.

24Mills Annot. Stat. (1912), | 4759.

25Gen. Stat. (1918), Sec.5274.

Delaware. A married woman may make a bond or mortgage, and may make any necessary contracts with respect to her property. Aside from this enlargement of the common law, its rules are still in force.26

District of Columbia. A married woman may contract fully as if sole except that she cannot contract as surety.26a

Florida. The capacity of a married woman is in general governed by the rules of the common law, but in an agreement in writing she may charge her separate property for the performance of any agreement beneficial to her separate estate, and the court may on petition remove the disabilities of a married woman if she is found to be competent.27

Georgia. A married woman may contract as if she were sole with reference to her separate estate, but she cannot bind her estate by a contract of suretyship or by a contract to pay her husband's debts.28

Hawaii. A married woman may contract as if she were sole except that she can neither contract with her husband nor contract for her personal services without her husband's consent in writing.29

Idaho. A married woman has full power to contract with reference to her separate estate.30

Illinois. A married woman has full contractual capacity except she cannot enter into a partnership unless abandoned or unless her husband is insane or in prison.31

Indiana. A married woman may contract as if sole except that she cannot become surety.32

Iowa. A married woman has full contractual capacity.33

Kansas. A married woman may make any contract with reference to her property; may engage in any occupation as if sole.34

Kentucky. A married woman has full contractual capacity except that she cannot make an executory contract to sell or mortgage her real estate unless her husband join in the contract.35

26Rev. Code (1915), Secs, 3049, 3052.

26aCode (1911), Sec. 1155.

27 Comp. Laws (1914), Sees. 1955-1950.

28 Park's Annot. Code (1914), Sec. 3007.

29Rev. Laws (1915), See. 2951. 30 Rev. Codes (1908), Sec. 2877. 31 Rev. Stat. (1917), c. 68, { 6. 32 Bums' Annot. Stat. (1914), Sec.Sec. 7853, 7855. 33 Code (1987), Sec. 3164. 34 Gen. Stat. (1915), Sec.Sec. 6161, 6163.

Louisiana. A married woman cannot bind herself by contract unless authorized by her husband, or by the court, except when she carries on a trade or business separate from her husband. She cannot contract with him or become surety for her husband's debts, even though authorized by him to do so.36

Maine. A married woman has power to contract as if sole.37

Maryland. A married woman since 1898 has power to contract as if sole.38

Massachusetts. A married woman may contract as if sole but husband and wife cannot contract with one another.39 If a married woman carries on business, either she or her husband must record the nature and place of business, or the property engaged therein is bound for the husband's debts, and the husband as well as the wife is bound for the debts incurred in the business.40

Michigan. A married woman may by contract bind her separate estate except that her contract of suretyship is not binding.41

Minnesota. A married woman may contract as if sole, except that a contract for the disposition of her homestead or any part of it is not binding unless her husband joins with her. Husband and wife may contract with one another except in regard to the real estate of either.42

Mississippi. A married woman may contract as if sole except that gifts or transfers between husband and wife are invalid as are contracts with one another for payment for services.43

35Ky. Stat. (1915), S212S.

36Merrick's Rev. Code (2d ed.), Arte. 122, 125, 131, 1790,2398.

37 Rev. Stat. (1916), c. 66, Sec. 4.

38Code (1911), Art. XLV, Sec 5.

39Rev. Laws (1902), c. 153, Sea. 2. But if ft debt existed from one to the other prior to the marriage, the debt is not extinguished thereby. A difficulty of procedure arises since neither can sue the other, but as the difficulty is merely procedural, an assignee of the creditor can successfully sue the debtor. Deival v. Gagnon, 213 Mass. 203, 99 N. E. 1095.

40Rev. Laws (1902), c. 153, sec. 10.

41See Bolthouse v. DeSlpelder, 181 Mich. 153, 147 N. Y. 689.

42 Gen. Stat. (1913), Sec.Sec. 1444, 7147.

43 Hemingway's Annot. Code (1917), 2051, 2055.

Missouri. A married woman may contract as if sole.44

Montana. A married woman may contract as if sole.45

Nebraska. A married woman may contract for her services or may carry on business as if sole. She can bind herself by covenant of warranty when selling her separate estate, but not on covenants in deeds of her husband's land in which she joins.46

Nevada. A married woman may contract in her own name and on obtaining an order of the court may become a sole trader.47

New Hampshire. A married woman may contract as if sole except that she cannot bind herself by either contract or conveyance as a surety for her husband, or as assuming his obligations.48

New Jersey. A married woman may contract as if sole except that she cannot become an accommodation surety.49

New Mexico. A married woman has full power to contract.50

New York. A married woman may contract as if sole and may carry on trade in her own name. Husband and wife may contract with one another except in regard to relieving the husband from liability to support her on contracts affecting the marriage relation.51

North Carolina. Until 1911 a married woman could contract as if sole only if she was a free trader, and this she could not become without the consent of her husband. If she was not a free trader her power to contract in such a way as to bind her property was limited to contracts for her necessary personal expenses, the payment of antenuptial debts or to support her family, unless her husband consented in writing.52 By a statute of 1911, she can now contract "so as to affect her real and personal property " as if unmarried.53

44Rev. Stat. (1909), Sec. 8304.

45 Civ. Code (1907), Sec.Sec. 3694, 3734.

46Rev. Stat., Sec.Sec.1561, 1562, 1566; Real p. Hollister, 17 Neb. 661, 24 N. W. 833.

47Rev. Laws (1912), Sec.Sec.2173, 2190.

48Pub. Stat. (1901), Sec.Sec. 593, 594.

49 Comp. St. 1911, p. 3226. See

First Nat. Bank v. Ruttar (N. J. L.), 106 Atl. 371.

50Stat. (1915), Sec.2750.

51Domestic Relations Law, Sec.51.

52 Pell's Revisal (1908), Sec.Sec. 2094,2112, and notes pp. 1153 el seq.

53 Gregory's Supplement (1913), Sec.2094.

North Dakota. A married woman may contract as if sole, and husband and wife may contract with one another.54

Ohio. A married woman may contract as if sole, and husband and wife may contract with one another.55

Oklahoma. A married woman may contract as if sole and husband and wife may contract with one another.56

Oregon. A married woman may contract as if sole.57

Pennsylvania. A married woman may contract as if sole except that she cannot become an accommodation surety.58

Rhode Island. A married woman may contract as if sole.59

South Carolina. A married woman may contract as if sole.60

Sooth Dakota. A married woman may contract as if sole, and husband and wife may contract with one another.61

Tennessee. The rules of the common law as to married women still prevail with slight exceptions. A married woman's separate estate is bound for the necessaries purchased by her for herself or her minor children. If her husband is adjudged insane or deserts her she then acquires the same capacity as if sole.62

Texas. A married woman has capacity to contract for necessaries or in regard to her separate estate. Beyond this her capacity is limited as at common law.63 Her contracts will not bind community property unless they were incurred for necessaries during marriage. A married woman cannot become a partner but may become surety for her husband by pledge or mortgage.64

Utah. A married woman may contract as if sole.65

Vermont. A married woman may contract as if sole with any one but her husband, so far as concerns her separate property except that she can only become surety for her husband by way of mortgage of her property.66

54 Civ. Code, Sec. 4411. 55 Page v. Adams Gen. Code (1912), Sec.Sec. 7999, 8000. 56Rev. Laws (1910), Sec.3353. 57Lord's Laws (1901), 7049. 58 3 Purd. Dig. (13th ed.), p. 2451. 59Gen. Laws (1909), c. 246, sec. 3. 60Code (1912), Sec.3761. 61Civ. Code, Sec.Sec. 98, 106.

62 Shannon's Annot. Code (1917), Sec. 4241 and notes, Sec. 4244.

63 Lemons v. Biddy (Tex. Civ. App.), 149 S. W. 1065.

65 McEachings Civ. Stat. (1913), Arts. 4624, 4627 and notes.

65 Comp. Laws (1907), Sec.1199.

66 Pub. Stat. (1906), Secs. 3037, 3039; Seaver v. Lang (Vt.), 104 Atl. 877.

Virginia. A married woman may contract as if sole.67

Washington. A married woman may contract as if sole68

West Virginia. The rules of the common law still generally prevail. A married woman may deposit money in her own name and give a good receipt on withdrawing it. The husband is liable for antenuptial contracts of his wife to the extent of property acquired from his wife. Her earnings are her own, and if living apart from her husband she may carry on business in her own name."69

Wisconsin. A married woman is not given general power to contract, but she may carry on business in her own name if deserted by her husband, or if he fails to support her.70

Wyoming. A married woman may contract as if sole.71