Legal Status of Women in Iowa eBook

This eBook from the Gutenberg Project consists of approximately 80 pages of information about Legal Status of Women in Iowa.

Legal Status of Women in Iowa eBook

This eBook from the Gutenberg Project consists of approximately 80 pages of information about Legal Status of Women in Iowa.
property, provided the contract is reasonable, just and right.  A husband may pay taxes and interest on an incumbrance on a homestead owned by his wife, but occupied by both, and may make repairs upon the same.  He may make improvements on land owned by the wife and may expend time and labor in caring for any of her property, without rendering such property liable for his debts, provided there is no collusion between them and no evidence of fraud on the part of either.

A wife’s property cannot be taken for her husbands debts, although it may be in possession of the husband and the creditors have no notice of the wife’s ownership.

[Sidenote:  Remedy by one against the other.]

Should either the husband or wife obtain possession or control of property belonging to the other, either before or after marriage, the owner of the property may maintain an action therefor, or for any right growing out of the same, in the same manner and extent as if they were unmarried. [Sec.3395.] If property or money belonging to the wife, but in possession of the husband is used by him, with her knowledge and consent, in the payment of debts incurred for family expenses, or for other purposes connected with the support of the family, she cannot recover for the same, in the absence of an express agreement on his part to repay her.  If a wife advances money or property to her husband to be used as he may choose, the presumption is that she does so in view of the mutual benefits which may accrue from the advancement and she cannot recover the same unless there is an agreement for its repayment.

[Sidenote:  Husband not liable for wife’s torts.]

For all civil injuries committed by a married woman, damages may be recovered from her alone, and her husband shall not be responsible therefor except in cases where he would be jointly responsible with her if the marriage did not exist [Sec.3396.] This statute abrogates the rule of the common law, making a husband responsible for civil injuries committed by his wife.  The common law presumption that criminal acts done in the presence of the husband were by compulsion, is still recognized in this State but may be overcome by proof to the contrary.

[Sidenote:  Conveyances to each other valid.]

[Sidenote:  Conveyances to third parties.]

A conveyance, transfer or lien executed by either husband or wife, to or in favor of the other shall be valid to the same extent as between other persons [Sec.3397.] When the rights of creditors might be prejudiced by transfers of property between husband and wife, such transactions will be closely scrutinized, and the utmost good faith must plainly appear, but where no fraudulent intention is shown they will be upheld if based upon an adequate consideration.  If a conveyance is made by the husband to the wife when the husband is largely indebted and insolvent, such conveyance is presumptively fraudulent, but a conveyance

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Legal Status of Women in Iowa from Project Gutenberg. Public domain.