The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1892-03-09
LEGAL STATUS OF woMAnlN INDIANA
The Eject OF Cov-rtnrs Upon n woman's
Property
rSecon4 Paner1
Gseooni Paperl


and wife. AS regards this relation the
law OF England and America in the last
half OF a century has undergone a re-
markable change.
Under the common law Of Indiana, prior
to 1853, married woman was considered
an infant. Though she may have man
aged a large estate before marriage, at
that occurrence she passed with all her
possessions into the control of her hus-
band. Her clothing, jewelry, presents.
legally known as paraphernalia, her
property of any and all kinds
except bonds and bank notes, became his
through the marriage ceremony for his
temporal or permanent enjoyment, as the
case might be. The bonds and notes re-
NAMED hers until he took possession OF
them. Her real estate remained TO her
name and passed to her heirs, but the use
and profits were his absolutely until
he should die. But since 1853 the lands of
a married woman have not been liable for
her husbands debts, and she has had the
sole right TO incomes and profits from
them.
The legislature of 1881 abolished all the
legal disabilities existing at that time of
married women to make contracts At
present q married woman NAV take, ac-
quire and hold property, real or personal.
by conveyance. gift or descent or by pur-
chase with her separate means or money;
and the same together with ell the rents
issues, incomes and profits thereof remain
her separate property under her own con-
troll the same as Ii unmarried. And she
may, in her name, at any time during
overture. sell. barter, exchange, convey
and make any contracts with reference to
her personal property; but she cannot
enter into any eXecutory contract to sell,
convey or mortgage her real estate unless
her husband Join in such contract. convey
ance or mortgage. provided that she shall
be bound by and ''estoppel in pals" like
any other person.
All suits relative to the wife's property
must be prosecuted by or against the hus-
band and wife jointly, or if separate, in the
name OF the wife alone, and she will be
liable. in case OF separate suit, for costs.
If woman against whom any liabilities
exist marries, and has or acquires lands,
judgment on such liabilities NAV be rem
dered against her and her husband jointly,
TO be levied of such lands only.
A married woman, a resident of this
state, whether householder or not, is
entitled to $500 exemption OF property
from seizure or sale for the payment of
debts
A wife may sue for the support of her
seif and the infant children of herself and
husband, when he has deserted the family
without cause, not leaving sufficient for Its
support; when he has been convicted of
a felony and imprisoned without leaving
adequate provisions for their support;
when he Is an habitual drunkard and neg
lects his family; when he renounces tine
marriage covenant, either by refusing to
live with her, or by joining sect that re-
quires remuneration of the marriage
covenant
She may obtain authority from court to
dispose of or cucumber her real estate, to
collect debts due her husband, TO sell his
personal property, TO lease or mortgage his
real estate without his consent when it
can be shown lie has failed to support
her, and that the disposition of the prop
erty will be beneficial to her. Under such
circumstances the court can give her
power to convey or cucumber her real
estate without the joint deed of the hus-
band. His separate deed conveys no
interest in her lands.
She Is personally responsible for all i'm
provements on her property made by hr
order or consent. She is bound by her
covenants of title in conveyance of her
separate property as il sole" She is
bound in like manner az principal on her
official bond. The deed of a wife to her
real estate her husband not joining. is alb
soiutely void at law and equity. except as
referred to above when the court empow-
ers her 70 act az if sole"
Any married woman whose husband Is,
or may become, insane, may, during the
existence OF such insanity, by proceeding
according to the law, be authorized and
empowered by the court TO convey or en-
cumber her separate real estate without
the assent of the husband to any matter or
contract where such assent is required.
in any case where the husbands guardian
wishes TO sell any OF the insane husbands
real estate, the wife may by her separate
deed release and convey all her interest IN,
and title to, such property and her deed
shall nave the same effect on her rights
as if her husband had been of sound mind
and she Joined with him in the execution
of such conveyance.
When the wife is insane the husband
may sell his real estate without her assent,
only after satisfactory proof has been
made OF her insanity and that the insanity
is probably permanent, before the circuit
court OF the proper county. He must also,
before he can give a good deed, file bond
payable TO the state Of Indiana, with suffi-
cient surety. conditioned to keep her from
becoming a county charge, and TO account
10 the wife on her recovery, If she desire
it, one-third OF the purchase money.
While q wile's property cannot be taken
for the husband's debts though they might
have been contracted on her account, he
is held liable for all her debts contracted
for the necessities for herself and family
although she may be wealthy and he have
but slender income
Neither is she Liable for physicians bills
for attendance upon herself or any MEM
Der OF the family, even though she call the
physician, unless there was an implied
contract that she would bs responsible.
Whenever repairs or improvements are
made on the real property of the wife by
order of the husband, with her consent
thereto, in writing, delivered TO the con-
tractor or person performing the labor. or
furnishing the material. she alone is per-
sODaliy liable for the labor performed or
the material furnished.
There is quite a contrast between tho
law OF progressive Indiana and that of
conservative Kentucky where the wife
can hold property through a trustee acting
with nearly the same powers as a guardian
Her property unless SO held may tie taken
Tor the payment of her husbands debts
where they are contracted for family ne
cessities.