The Democrat-sentinel. [volume] (Logan, Ohio) 1906-1935, 1907-01-24
COMMON LAW
Right Of Women to Make
Contracts

Under the common law, that is,
the law inherited from our English
ancestors and unaffected by our
American statutes, married
woman's contract was absolutely
void. In England this was the
legal status of married woman,
generally speaking, up to January
4, 1888. Our American states
were quicker TO recognize the in
justice of the common law, and in
the case of nearly every one of
them, statutes, sweeping in char
acter, have been passed from time
to time modifying the common law
prohibition, so that at the present
time in some Of our states q mar
ried woman can make contracts as
freely as if she were single; in
others she can make contracts
within certain limitations.
AS married woman's contract
right are determined by the law
of the place where the contract is
made, and as there are as many
"places" or jurisdictions as 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 contract in writing as if she
were single; she cannot convey or
mortgage her lands or any inter
est therein without the assent and
concurrence of the husband; can
carry on business alone as trader
and is liable for the debts of the
business cannot become surety
for her husband.
Arizona: May convey her sep
crate estate as a single woman;
may become a trader and be liable
for debts of the business.
Arkansas: Not liable for debts
contracted by her unless the con-
tract was made with special refer
ence to her seperate estate; may
carry on business and be liable for
its debts; must schedule her pro-
perty or the burden of proof is on
her in contest with her hus-
bands 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 hus-
band; is liable on her contracts.
Colorado: May engage in bust
ness in her own name and be liable
for its debts; may buy, sell, and
convey personal and real property
the same as if single; has every
contract right that her husband
has.
Connecticut Women married
since April 90, 1877, control their
own property, convey it, make
contracts, sue and be sued as if
unmarried; women married prior
TO that date are of very different
legal status and cannot make con
tracts except under certain condi-
tions; 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 1877.
Delaware: May carry on bust
ness and be liable for its debts
may make all kinds of contracts
necessary to be made with respect
to her own property as if she were
single.
District of Columbia; May
carry on business and be liable for
it's debts; may not become surety
or sign accommodation paper; may
convey her real or personal pro-
perty; may make contracts in mat
ters having relation to her sepa-
rate estate,
Florida; May carry on busi-
ness alone if permission be OBJ
tanned from the Circuit Court;
may bind her own estate by con-
tract as if she were single.