The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-04-07
PROPERTY RIGHTS OF sPousEs
Judge Baiiinger's New Work on the
Ganaucial system


Ganancial system.
How far the rights OF a wife extend
Ia tho ownership OF property acquired
during married life. is a subject whose
interest extends beyond the legal PRO-
fessoin IN the state OF Washington. Our
laws have gone. in some respects heyond
those or any modern community, and In
practice beyond those OF any other
known system OF Jurisprudence. The
announcement. therefore or a cornpilS-
ton Of the authorities on the subject
VIII DO welcomed not alone by lawyers
but by all persons interested either in
tho disposition or their own property or
In the management OF that OF others
Tho task has been undertaken by Judge
Richard A. BaIlinger. OF the superior
court OF the state Of Washington. and
the work - now rsady for delivery
Lawyers viii rad II WIKI interest and
~ viii be subjected TO a most critical
examination. but IL may be recommend
od 70 the general reader for the merit Il
possesses as a most charming study OF
community interests. The anthor mod
estiy calls IL a treatise. and Il undogbt-
edly deserves a description which shall
distinguish ~ from a mere collection OF
legal msxifns.
The community or ganancial system IL
not new. slnce. IN various forms, IL IS
prudence but 80 vague and so spasmodio
in It's appearance that u cannot be ae-
corded a standing in the written law
unul e made its appearance in ancient
Spain in the Fuero Juxgo. There the doc
trine is held that the industry and care
OF the wife contributed equally with the
husband 20 che production OF gains. and
a marital partnership was recognized in
the acquisitions accruing during COW
erture.
The ohivalry 81 that nation extended
20 It's laws whose influence was later
made manifest wherever the Spanish
arms found conquest. Through Mexico,
Texas California. aud later by moro
peaceahle means. the gananclal system
reached Washington. its feeble efforts 10
enter into the common law states being
stsrnly repealed. While Il IS gradually
making It's way. at each step Il IA met
hv traditional prejudiess. and 20 the con
ntct between the civil law and the com
mon law may re directly ascribed the
eiumSinasS OF Efforts 10 give 1. sym
metricai FORM
Whether the wife has a merely equit-
able interest or a vested legal interest r.
community property il the dividing
question. The civn law soes directly
toward declaration Of equal Tiehss, the
common law jealousy yields as Wan
,nr rover before me encroschment Of
statutory declarations OF an absolute
legal Tisht
To the state OF Washington must Re ae-
corded the honor Of going 10 the ex-
IRENE IN judicial recognition OF the right
absolute. but the present condition has
not been reached without tsrsaVer-
kAtson ana soua false notes The pT4cts-
ttoner who an4s N Judge BaliinSsr' :
work as rs will. a sSillful eiues3ataoa
OF A fairly symmetrical ard ioE4o&l sys-
fem. cannot fail 10 recognize tzaa' the
raaa 10 tae proscat status Is marked
~ monumental errors wh.oh, IN the hxAt
~ oar later admissions. aerm n Fel..ord
- tncssenral tnyUst3ces. Il has seen
rnanifesliy diisicult for courts trained Ter
lectures 70 rNSard the wtfs's property
t,tarrSts as merged into those az Voe
rgxnana =, abandon wsu-sestled concur
.tons sna venture sato ghe nas1es og en-
.s-,afv foreign customs. tangled VITA the
srss,,scry SroNtA % cosmopolitan sys-
tens.
or code exhghtts yet remnants o. laws
.sg,h whssh attorneys wrSS1s. tr.As t1lAs
r,,nrs 90 ingenuity cf argument than 10