Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1890-02-07

= billtles and its exemptions. Nor ar
we much enlightened by quotation
from the common law in relation t,
the property rights and liabilities o
husband and wife; for while we Ordi
narily look to the rules and maxim
of the common law to aid us in til,
construction and analysis OF statutes
1T was plainly the intention uf the
: Legislature III the session Of 1879 III
, the passage of the chapter denominated
property rights Of married persons to
depart from the common law and
breath into legal existence a dis
tinct and original creation, partaking
somewhat OF the nature eff partner
ship ana OF Il corporation, but differ
ing III some essentials from both, and
this creature is termed Il community.
The statute alone determines VINO the
members OF the community shall be
the manner in which it shall acquire
property, and defines and limits not
only the power OF the members
OF the community over said prop
erty but protects it from acquisi-
ton by Others excepting in the man.
ner specified. 1t also lays down its own
rule Of construction, and in the lam
guage of the act itself: "The rule of
common law that statutes in deroga-
ton thereof are to be strictly con-
strued has no application to this chap
ter. This chapter establishes the law
OF the Territory, on the subject matter
to which it relates, and its provisions
and all proceedings under it shall be
literally construed with view to eff
feet its object"
Then the pertinent and vital ques-
ton becomes, what was the object
sought to be effected ?
SEC. 1896, provides, That "every
married person shall have the same
right and liberty to acquire, hold, en-
JOY and dispose OF every species of
property and to sue and to be sued as
if he or she were unmarried"; and
section 1898 abolishes " all laws i'm
| posing civil disabilities upon wife
! which are not imposed upon hus-
band" and succeeding sections define
what separate property is, and pro-
vide how it may be acquired, and in
what manner disposed OF. So far, the
evident object OF the law is to place
husband and wife on an equal footing
in relation to property matters.
Sec. 2,4O9 is as follows: Property
not acquired or owned, as prescribed
in sections 2,4OO and 24OS, acquired
after marriage by either husband or
wife, or both, is community. The
husband shall have the management
and control of community personal
property, with like power of DISPOSE
ton rs he has of his separate person
al property, except he shall not devise
by will more than One-half thereof"
This section discriminates in favor of
one spouse, only so far as is actually
necessary for the transaction of ordi-
nary business.
SEC. 2,4O7 provides, that the expenses
OF the family and the education of the
children are chargeable upon the prop
erty of husband and wife, or either of
them, and in relation thereto they
may be sued jointly or separately.
SEC. 2,41O reads us follows: "The
husband has the management and
control of community real prop
erty, but he shall not sell, con-
vey or incumber the community real
estate unless the wife join with him in
| executing the deed or other instru-
ment of conveyance, by which the real
estate is sold, conveyed or incumbered,
and such deed or instrument of con-
veyance, must be acknowledged by
him and his wife; provided, however,
that all such community real estate
shall be subject to the liens of me-
chanics, and others, for labor and ma
terial furnished in erecting structures
and Improvements thereon, as pro-
vided by law in other cases; to liens of
judgments recovered from community
debt and sale on execution issued
thereon"
Constituting all the provisions of the
chapter together, we cannot escape the
conclusion that the object of the law
was to absolutely protect $50 far as is
consistent with the transaction OF
, ordinary business as we before OBJ
served) one spouse from the misdeeds,
improvidenceO or mismanagemento OF the
other, concerning property which is
the product of their joint labors. 1t is
in the nature OF an exemption, and as
has been we'll said, Exemption laws
are upheld upon principles of justice
and humanity"
The statute provides the ways in
which this property can be alienated.
! LIST, The voluntary alienation by the
husband and wife joining in the deed;
I'd, BY making it responsive to GER
tain demands; constituted liens by
the statute; and there is no other
way contemplated. In fact, the very
object of the law is to prevent its alien
alton in any other way. 1t expressly
provides that the husband shall not
sell, convey or cucumber it; and he
will not be allowed to do by indirec-
ton or fraud that which he is directly
prohibited from doing. The practical
result to the non-contracting spouse
would be the same, whether the law
allowed the other spouse to directly
convey the property; or allowed the
title to pass through the medium of
sale on an execution flowing from a
judgment to which he or she was not
a party. 1t is the results that the law
regards; the modes are not impor.
tant.
If the theory of the appellee is cor
rect, that personal judgment against
the husband will become lien on the
community real estate, then certainly
there is no meaning to the proviso to
Section 2,4lO, for the liens there speci-
fled would attach without the proviso.
If a judgment which is not obtained
for a community debt becomes a lien
on community real property without
any special proviso. why make
special proviso, for judgment which
is obtained for security debt?
1t is very evident that the intention
of the statute was, that community
real estate should not be subject to
liens on any judgments excepting
those mentioned in the proviso and
for the causes mentioned in Section
2,4O7, and these exceptions are found
ed in reason and right; because the
labor and material furnished by me-
chanics in erecting structures ON the
land enhance the value of the COM
munity realty, thereby benefting the