A married woman may own in her own right, real and personal property acquired by descent, gift or purchase, and manage, sell, convey, and devise the same by will, to the same extent and in the same manner that the husband can property belonging to him. [Sec.3393.] The husband is the legal head of the family and household furniture, pictures and all similar property used in the house occupied by husband and wife, is considered as being in the possession of the husband and under his control.  Such property may be sold or mortgaged by the husband without the consent of the wife.  Property conveyed to both jointly is held by them as tenants-in-common.  Each owns an undivided one-half interest in such property, and this interest may be sold on execution to satisfy claims against husband or wife as the case may be.  Property purchased with funds belonging to both husband and wife is owned by them jointly, the interest of each being in proportion to the amount of the purchase price contributed by each.

[Sidenote:  Real property, Conveyance, or contract.]

A married woman may convey or encumber any real estate or interest therein belonging to her, and may control the same, or contract with reference thereto, to the same extent, and in the same manner as other persons [Sec.3106].

[Sidenote:  Conveyance by husband and wife.]

Every conveyance made by a husband and wife shall be deemed sufficient to pass any and all right of either to the property conveyed, unless the contrary appears on the face of the conveyance [Sec.3107].  While Iowa was still a territory, in 1840, power was conferred upon a married woman to release her dower and to convey her real estate by any conveyance executed by herself and husband and acknowledged by a separate examination and acknowledgment.  This law was re-enacted in 1846, and was the first law passed in the State of Iowa for the better protection of married women.  This remained the law until 1851, when an act was passed by which she might convey her interest in real estate “the same as any other person.”

[Sidenote:  Interest of either in other’s property.]

When property is owned by either the husband or wife, the other has no interest therein which can be the subject of contract between them, or such interest as will make the same liable for the contracts or liabilities of either the husband or wife who is not the owner of the property, except as provided in this chapter. [Sec.3394.] The distributive share or dower interest of each in the property of the other, is inchoate and becomes complete only upon the death of the owner of the property; consequently any agreement between the husband and wife relinquishing their respective interests in each other’s property, though such agreement should be made in contemplation of separation is invalid.  Upon a dissolution of the marriage relation by divorce, the husband and wife may contract with each other with reference to a division of the