The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1907-01-24
POPULAR TALKS ON LAW.
By William G. Sprague, President The
Sprague Correspondence School
of Law.
CONTRACTS.
10. CAPACITY OF MARRIED WOMEN
TO MAKE CONTRACTS.

Under the common law, that Is, the
law inherited from our English ances
tors aud unaffected by our American
statutes, a married wonan's contract
was absolutely void In England this
was the legal status Of married woman,
generally speaking, up to January |,
1888. Our American states were quicker
to recognize the injustice of the common
law, and in the case of nearly every one
of them, statutes, sweeping in charac-
ter, have been passed from time to time
modifying the common law prohibition,
so that at the present time in some OF
our states q married woman can make
contracts as freely az if che were single;
in others she can make contracts within
certain limitations.
As married woman contract rights
are determined by the law of the place
where the contract il made, and az there
are as many places or Jurisdictions rs
there are states and territories in the
Union, each with statutes peculiar to
itself, it will be impossible in short
article to give an adequate view of the
contract rights Of married women in the
United States. 1t may be Of interest
and profit for us to briefly outline the
contract status of married women in the
several states as follows:
Alabama: Full legal capacity to con
tract in writing as if she We're single;
she cannot convey or mortgage her lands
or any interest therein without the
assent and concurrence Of the husband;
can carry or business alone as a trader
and il iiaole for the debts of the bust
ness; canno, become surety for her hus.
Gand
Arizona: May convey her separate
estate at "A single woman, may become
trader and De liable for debts of the
business.
Arkansas Not liable for debts con.
tracted by her unless the contract wa.
made with special reference to her
separate estate, may carry on business
and be liable for its debts; must sched
ule her property or the burden of proof
is on her in contest with her husband
creditors
California; May engage in business
for herself, provided she obtains from the
Superior Court permit; may convey
her property without the consent of her
husband; is liable on her contracts
Colorado May engage in business in
her own name and be liable for its debts;
may buy, sell, and convey personal and
real property the same az if single; has
every contract right that her husband
has.
Connecticut: Women married since
April 20, 1871, control their own proper
ty, convey il, make contracts, sue and
be sued as if unmarried, women married
prior to that date are of a very different
legal status and cannot make contracts
except under certain conditions, but the
husband and wife married prior to that
date may, by contract in writing with
each other, come under the operation Of
the law Of 1871
Delaware: May carry on business
and be liable for its debts may make all
kinds Of contracts necessary to be made
with respect to her own property AZ if
che were single
District Of Columbia May carry on
business aud be- liable for its debts; may
not become surety or aigu accomm0da
ton paper may convey her real or per
sonal property; may make contracts in
matters having re.ation to her separate
estate
Florida: May carry on business alone
if permission be obtained from the Cir.
cult Court; may bind her own estate by
contract as if she were single
Georgia: May carry on business alone
and be liable for it's debts; cannot bind
herself by contract or suretyshp; may
make contracts with reference to her
separate estate
Idaho. hiay carry on business in her
own name and be liable for its debts,
all property acquired by her after
marriage, excepting by gift, beque4t,
devise, or descent she holds IN common
with her husband, wife must record
inventory Of separate property.
Illinois: May 20 into business and
become liable for debts, but cannot 20
into partnership without her husbands
consent; haH the same power over her
property Ne her husband has over his.
may make contracts aud control hey
own earnings, may hold and dispose of
real AID personal property in the same
manner that her husband can in the case
OF property belonging to him.
Indiana: May become a sole trader
and liable for her business debts, but
cannot become surety for any one can.
not mortgage nor convey real estate