quest, devise or descent, with the rents, issues and profits. thereof, is her separate property. SEC. 163. Const., Art. XI, Sec. 14; "Husband and Wife," Sec. 1; Separate property of All property owned by the husband before marriage, and that acquired afterwards by gift, bequest, the husband. devise or descent, with the rents, issues and profits thereof, is his separate property. "Husband and Wife," Sec. 1; 12 Cal., 216; 26 Cal., SEC. 164. All other property acquired after marriage, Common by either husband or wife, is community property. "Husband and Wife," Sec. 2; 8 Cal., 507; 11 Cal., 201; 12 Cal., 216; 12 Cal., 247; 12 Cal., 114; 15 Cal., property. of separate property of wife. SEC. 171. A full and complete inventory of the sepa- Inventory rate personal property of the wife must be made out and signed by her, acknowledged or proved in the manner required by law for the acknowledgment or proof of a grant of real property by an unmarried woman, and recorded in the office of the Recorder of the county in which the parties reside. "Husband and Wife," Secs. 3, 4; 22 Cal., 283. SEC. 172. The filing of the inventory in the Recorder's Filing inven office is notice of the title of the wife. "Husband and Wife," Sec. 5. tory, notion of wife's title. Non-entry therein of property SEC. 173. The failure to file such inventory, or the non-entry of her personal property therein, is prima facie evidence, as between the wife and purchasers from the busband in good faith and for a valuable consideration, that such property is not the separate property of the property. wife. [New section.] prima facie Earnings of wife not liable for debts of husband. Earnings of wife, SEC. 174. The earnings of the wife are not liable for the debts of the husband. Stats. 1870, 226. SEC. 175. The earnings and accumulations of the wife, when living and of her minor children living with her, or in her cus separate, separate property. Liability for debts of wife contracted before marriage. Wife's prop erty not liable for debts of the tody, while she is living separate from her husband, are the separate property of the wife. Stats. 1870, 226. SEC. 176. The separate property of the husband is not liable for the debts of the wife, contracted before the marriage. "Husband and Wife," Sec. 5, 13; Van Maren vs. Johnson; 13 Cal., 308; 16 Cal., 69. SEC. 177. The separate property of the wife is not liable for the debts of her husband, but is liable for her own husband, but debts, contracted before or after marriage. liable for her own debts. Power of the husband over common property. SEC. 178. The husband has the entire management and control of the common property, with the like absolute power of disposition, as of his own separate estate. "Husband and Wife," Sec. 9; 5 Cal., 252; 12 Cal., 216; 15 Cal., 308. NOTE. The following section had a place in first draft. It is retained in the form of a note. The Legislature can restore if desirable -. "SEC. In cases of fraudulent transfers, gross mismanagement or profligate waste of common property by the husband, the wife may have her action in the proper Court, and is, upon proper showing entitled to a judgment 1. Securing to her the entire management and absolute power of disposition of it, in like manner and extent as the husband had before the commencement of the action; or, 2. Appointing a Trustee to manage it, as the Court may direct; or, 3. Equitably dividing the property, making the part awarded to each their separate property." This is a new section, and may seem at first like an alarming innovation. There is a strange inconsistency in the existing law: 1. The property is made common between the husband and wife. They have a common interest in it. 2. The husband can sell it, give it away or wilfully destroy it-exercise all the powers of absolute, exclusive ownership, and the wife has no remedy except by divorce or his death. She must witness the passing away, through profligacy, of a family competence in which she has half interest -a right without a remedy. This section is intended to secure the remedy in grievous cases only. dower not SEC. 179. No estate is allowed the husband as tenant Courtesy and by courtesy, upon the death of his wife, nor is any estate allowed. in dower allotted to the wife upon the death of her husband. SEC. 180. "Husband and Wife," Sec. 10. Neither husband nor wife, as such, is answer- Neither able for the acts of the other. answerable for the acts of the other. N. Y. C. C., Sec. 83. wife. SEC. 181. If the husband neglects to make adequate Support of provision for the support of his wife, any other person may, in good faith, supply her with articles necessary for her support, and recover the reasonable value thereof from the husband. N. Y. C. C., Sec. 84. SEC. 182. A husband abandoned by his wife is not liable for her support until she offers to return, unless she was justified, by his misconduct, in abandoning him. N. Y. C. C., Sec. 85. SEC. 183. The property rights of husband and wife are governed by this chapter, unless there is a marriage settlement, containing stipulations contrary thereto. "Husband and Wife," See. 14. SEC. 184. All contracts for marriage settlements must be in writing, and executed and acknowledged or proved in like manner as a grant of land is required to be executed and acknowledged or proved. "Husband and Wife," Sec. 16. SEC. 185. When such contract is acknowledged or proved, it must be recorded in the office of the Recorder of every county in which any real estate may be situated which is granted or affected by such contract. "Husband and Wife," Sec. 17. recording. SEC. 186. The recording or non-recording of such con- Effect of tract has a like effect as the recording or non-recording of instruments affecting real property, as provided in the chapter on Recording Transfers. [New section.] Based on "Husband and Wife," Sec. 18. Minors may make mar. riage settlements. Rights of married woman as Bole trader. SEC. 187. A minor capable of contracting marriage may make a valid marriage settlement "Husband and Wife," Sec. 20. SEC. 188. When the wife is a sole trader, under the provisions of the CODE OF CIVIL PROCEDURE, she has the legal capacity and rights of an unmarried woman, concerning her business and property, subject to the limitations contained in that Code. [New section.] TITLE II. PARENT AND CHILD CHAPTER I. BY BIRTH. II. BY ADOPTION. CHAPTER I. CHILDREN BY BIRTH. SECTION 193. Legitimacy of children born in wedlock. 194. Legitimacy of children born out of wedlock. 195. Who may dispute the legitimacy of a child. 196. Obligation of parents for the support and education of their children. 197. Custody of legitimate child. 198. Husband and wife living separate, neither to have superior right to custody of children. 199. When husband or wife may bring action for the exclusive control of children. Decree in such cases. 200. Custody of an illegitimate child. 201. Allowance to parent. 202. Parent cannot control the property of child. 203. Remedy for parental abuse. 204. When parental authority ceases. 205. Remedy when a parent dies without providing for the support of his child. 206. Reciprocal duties of parents and children in maintaining each other. 207. When a parent is liable for necessaries supplied to a child. 208. When a parent is not liable for support furnished his child. 209. Husband not bound for the support of his wife's children by a former marriage. SECTION 210. Compensation and support of adult child. 211. Parent may relinquish services and custody of child. 213. Right of parent to determine the residence of child. 214. Parent not liable for acts of child. 215. Wife in certain cases may obtain custody of minor children. SEC. 193. All children born in wedlock are presumed Legitimacy to be legitimate. N. Y. C. C., Sec. 86. SEC. 194. All children of a woman who has been married, born within ten months after the dissolution of the marriage, are presumed to be legitimate. But if during such period she marries again, and afterwards has a child, it is presumed to be her legitimate offspring by the second husband. N. Y. C. C., Sec. 87. of children born in wedlock. Legitimacy of children born out of wedlock. dispute the legitimacy of a child. SEC. 195. The presumption of legitimacy can be dis- Who may puted only by the husband or wife, or the heir or devisee of one or both of them, or the successors of the decedent. Illegitimacy, in such case, may be proved like any other fact. N. Y. C. C., Sec. 88. SEO. 196. The parent entitled to the custody of a child must give him support and education suitable to his circumstances. If the support and education which the father of a legitimate child is able to give are inadequate, the mother must assist him to the extent of her ability. N. Y. C. C., Sec. 89. Obligation of the support tion of their parents for and educa. children. legitimate child. SEC. 197. The father of a legitimate unmarried minor Custody of is entitled to its custody, services and earnings; but he cannot transfer such custody or services to any other person, except the mother, without her written consent, if she is living and capable of consent. If the father is dead, or is unable, or refuses to take the same, or bas abandoned his family, the mother is entitled thereto. N. Y. C. C., Sec. 90. SEC. 198. The husband and father, as such, shall have no rights superior to those of the wife and mother, in regard to the care, custody, education and control of the children of the marriage, while such husband and wife live separate and apart from each other. |