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The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) online

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period, as the court may deem just, having regard to the
circumstances of the parties respectively; and the court may,
from time to time, modify its orders in these respects.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 83 pars, annotation.

52 C. 383, 384 (construed and applied); 59 C. 417, 418 (applied);
75 C. 1, 46, 16 P. 345, 365 (referred to in discussion); 79 C. 511,
515, 21 P. 1095, 1096 (construed and applied); 79 C. 600, 602, 603, 21
P. 954, 955 (applied with §1007 Code Civ. Proc); 82 C. 110, 112,
113, 23 P. 37 (construed and applied with other sections) ; 83 C.
460, 463, 465, 17 A. S. 266, 23 P. 395 (construed and applied); 94
C. 254, 255, 29 P. 774 (applied); 95 C. 374, 377, 30 P. 561 (applied
with other sections); 102 C. 433, 440, 36 P. 767, 1037 (applied);
104 C. 45, 47, 43 A. S. 70, 37 P. 770 (construed and held not ap-
plicable) ; 105 C. 258, 261, 38 P. 729 (construed and applied); 114
C. 542, 545, 547, 55 A. S. 86, 46 P. 609 (construed and applied with
other sections); 124 C. 583, 588, 57 P. 582 (construed and ap-
plied); 125 C. 65, 68, 57 P. 677 (construed with other sections);
144 C. 322, 326, 78 P. 16, 17 (construed with § 140); 147 C. 57, 59,
60, 81 P. 295, 296 (construed with §137); 150 C. 99, 103, 88 P.
267, 268 (cited as to power of court to modify orders); 4 C. A.
97, 100, 102, 87 P. 205 (construed and applied).

As to circumstances of defendant being taken into considera-
tion in fixing allowance, see Kerr's Cyc. C. C. § 137 note par. 83.

As to suit by wife for maintenance without prayer for divorce,
see Kerr's Cyc. C. C. § 137, note pars. 74 et seq.

72



Tit.T.ch.II.art.IV.] MAINTENANCE. ETC. §§140.141

§140. SECriHTY VOK .H AIMENWCE AM) ALl.>r(»\Y.

The court may require the husband to give reasonable secur-
, ity for providing [1] maintenance or [2] making any pay-
I ments required under the provisions of this chapter, and may
> enforce the same [a] by the api)ointment of a receiver, or [b]

by any other remedy applicable to the case.

HiNtory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 32 {lars. annotation.

67 C. 185, 202, 8 P. 709 (applied); 111 C. 488, 495. 44 P. 177 (con-
strued and applied); 114 C. 542, 546, 55 A. S. 86. 46 P. 609 (con*
strued and applied): 115 C. 266, 274, 275, 56 A. S. 97, 47 P. 37.
37 L. 626 (construed and applied); 116 C. 47, 51, 47 P. 869, 48 P.
121 (construed and applied); 123 C. 196, 200. 55 P. 902 (applied
and held to be the only statutory power giv-en upon subject of
enforcement of alimony); 124 C. 48. 55, 71 A. S. 17, 56 P. 630. 57
P. 81 (applied); 124 C. 583, 588, 589. 57 P. 582 (applied); 126 C.
123, 129. 58 P. 456 (applied); 144 C. 322, 325. 326. 78 P. 16 (con-
strued with S139); 147 C. 57, 59, 61, 81 P. 295 (construed with
§ 137); 150 C. 6, 8, 87 P. 1020 (construed with S 137 as to appoint-
ment of receiver).

As to enforcement by contempt proceedings, see Kerr's C.\c.
C. C. 8 140 par. 2, and §137 note par. 106 et seq.; S 139 note
pars. 26-32.

Wife creditor of husband to extent of allowance made. — See
Kerr's Cyc. C. C. § 139 note.



Sin. (OIHT SI1AI,I, KKSOHT TO WHAT, IN EXEC IT-
1\<J CEHTAIN SECTION.S. in executing tlie live i)receding
sections the court must resort:

1. To the community property; then,

2. To the separate property of the husband.

III.H4<:r.v: Enacted Marcb 21. 1S72.

See Kerr's Cyc. C. C. for 12 pars, annotation.

67 C. 185. 202, 8 P. 709 (applied); 83 C. 460, Ififi, 17 A. S. 266.
23 P. 395. 397 (referred to in discussion): 114 C. 542. 547, 55 A. S.
86, 46 P. 609 (absence of bolb kinds of property enumerated in
this section no bar to award of allowance); 115 C. 266, 275. 56
A. S. 97, 47 P. 37, 37 L. 626 (applied in appointment of receiver).

As to receiver in action for divorce or maintenance, see Kerr's
Cyc. C. C. $ 140 note par. 18 et seq.

73



§§ 141-146 CIVIL CODE. [Div.I.Pt.III.

§ 142. IF WIFE HAS SUFFICIENT FOR HER SUPPORT,
COURT MAY WITHHOLD ALLOWANCE. When the wife has
either [1] a separate estate, or [2] there Is community prop-
erty sufficient to give her [a] alimony or [b] a proper sup-
port, the court, in its discretion, may witlibold any allowance
to her out of tlie separate property of the husband.

History: Enacted March 21, 1872.

§143. COMMUNITY AND SEPARATE PROPERTY MAY
BE SUBJECTED TO SUPPORT AND EDUCATE CHILDREN.

The community property and the separate property may be
subjected to the support and education of the children in
such pi-oportions as the court deems just.

History: Enacted March 21, 1872.

§ 144. LEGITIMACY OF ISSUE— [DIVORCE FOR ADUL-
TERY OF HUSBAND]. When a divorce is granted for the
adultery of the husband, the legitimacy of children of the
marriage begotten of the wife before the commencement of
the action is not affected.

History: Enacted March 21, 1872; amended by Code Commis-
sion, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 338, held
unconstitutional; see history, § 4 ante.

As to legitimacy of children, generally, see Kerr's Cyc C. C.
§ 193, et seq., and notes.

§145. SAME— [DIVORCE FOR ADULTERY OF ^\1FE].

When a divorce is granted for the adultery of the wife, the
legitimacy of children begotten of her before the commission
of the adultery is not affected; but the legitimacy of other
children of the wife may be determined by the court, upon
the evidence in the case.

History: Enacted March 21, 1872.

Legitimacy of child born in wedlock — Presumption as to, see
Kerr's Cyc. C. C. §§ 193, 194 and notes.

§146. DISPOSITION OF COMMUNITY PROPERTY. In

case of the dissolution of the marriage by the decree of a

74



Tit.I,ch.II,art.IV.] community property. § 146

court of competent jui'isdiction, the community property, and
the homestead, shall be assigned as follows:

1. If the decree be rendered on the ground of adultery, or
extreme cruelty, the community pi-operty shall be assigned to
the respective parties in such proportions as the court, from
all the facts of the case, and the condition of the parties, may
deem just.

2. If the decree be rendered on any other ground than that
of adultery or extreme cruelty, the community property shall
be equally divided between the parties.

3. If a homestead has been selected from the community
property, it may be assigned to the innocent party, either abso-
lutely or for a limited period, subject, in the latter case, to
the future disposition of the court, or it may, in the discre-
tion of the court, be divided, or be sold and the proceeds
divided.

4. If a homestead has been selected from the separate prop-
erty of either, it shall be assigned to the former owner of
such property, subject to the power of the court to assign it
for a limited period to the innocent party.

History: Enacted March 21, 1872; amended March 30. 1874,
Code Amdts. 1873-4, pp. 191, 192; amended by Code Commission,
Act March 16, 1901, Stats, and Amdts. 1900-1, p. 338, held uncon-
stitutional; see history, § 4 ante.

See Kerr's Cyc. C. C. for 104 pars, annotation.

47 C. 62, 63, 64 (construed and applied); 63 C. 77 (applied); 73
C. 425. 429. 1.5 P. 51 (applied); 75 C. 1. 46. 16 P. 345. 365 (referred
to in discussion); 75 C. 434. 439. 17 P. 442. 444 (construed and
applied); 78 C. 310. 316. 12 A. S. 58, 20 P. 715. 718, 3 I.. 781 (ap-
plied); 80 C. 237, 239, 22 P. 167 (construed and applied); 83 C.
460, 465, 17 A. S. 266, 23 P. 395 (applied with other sections);
31 P. 1108, 1109 (applied); 97 C. 189. 191, 31 P. 1130 (applied);
102 C. 338. 340, 36 P. 655 (construed and applied); 106 C. 509,
513, 39 P. 801 (applied): 106 C. 509, 513, 39 P. 801
(applied); 106 C. 60S, 613, 614, 39 P. 939 (applied);
112 C. 274, 277, 44 P. 564 (applied); 114 C. 542, 546, 55 A. S. 86.
46 P. 609 (construed and applied); 117 C. 407. 409. 49 P. 574. 575
(construed and applied); 121 C. 92, 95, 53 P. 362 (referred to in
discussion); 124 C. 583, 588. 57 P. 582 (applied with other sec-
tions); 124 C. 651. 653, 57 P. 573 (applied); 129 C. 283. 292. 61 P.
907, 50 L. 548 (applied); 134 C. 378, 379, 380, 66 P. 313 (construed

75



§§ 147, 148 CIVIL CODE. [Div.I.Pt.III.

and applied); 1 C. A. 114, 115, 81 P. 715 (referred to); 4 C. A.
604, 607, 88 P. 734 (referred to); 5 C. A. 262, 263, 90 P. 53 (applied
with other sections); 6 C. A. 697, 705, 92 P. 1050, 1051 (applied);
7 C. A. 76, 78, 93 P. 399, 400 (construed with §§ 147, 148).
For full discussion of this subject see 68 A. S. 375, 379.

§ 147. SAME— [DUTY OF COURT TO DISPOSE OF]. The
court, in rendering a decree of divorce, must make sucli
order for tlie disposition of the community property, and of
the liomestead, as in this chapter provided, and, whenever
necessary for that purpose, may order a partition or sale of
the property and a division or other disposition of the pro-
ceeds.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 192.

See Kerr's Cyc. C. C. for 9 pars, annotation.

47 C. 62, 64 (applied with preceding section); 75 C. 413, 414,
415, 17 P. 546 (applied with preceding- section); 83 C. 460, 465, 17
A- S. 266, 23 P. 395 (applied with other sections); 106 C. 509, 513,
39 P. 801 (applied with preceding section); 112 C. 274, 278, 44
P. 564 (applied); 5 C. A. 262, 263, 90 P. 53 (applied with other
sections); 7 C. A. 76, 78, 93 P. 399, 400 (construed with §§146,
148).

§148. SAME— [SUBJECT TO REVISION ON APPEAL].

The disposition of the community property, and of the home-
stead, as above provided, is subject to revision on appeal in
all particulars, including those which are stated to be in the
discretion of the court.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 192.

See Kerr's Cyc. C. C. for 15 pars, annotation.

60 C. 579, 580 (applied); 67 C. 185, 212, 7 P. 456. 8 P. 709 (ap-
plied); 75 C. 413, 415, 17 P. 546 (applied); 97 C. 189, 191, 192, 31 P.
1130 (construed and applied); 112 C. 274, 278, 44 P. 564 (applied);
134 C. 378, 379, 66 P. 313 (applied); 7 C- A. 76, 78, 93 P. 399 (con-
strued with §§ 146, 147).



76



Tit.I.Ch.III.] OBLIGATIONS OF SPOUSES.



§155



CHAPTER ni.
HUSBAND AND WIFE.

§ 1.5.'). Mutual obligations of hu.sband and wifo.

§ 156. Rif?hts of husband, as head of family.

§ 157. In other respi-cts their interests separate.

§158. Husband and wife may make contracts.

§ 159. How far may alter their legal obligations.

§ 160. Consideration for agreement of separation.

§ 161. May be joint tenants, etc.

§ 162. Separate property of the wife.

§ 163. Separate property of the husband.

§ 164. Community property — Conveyances — Married women.

§ 165. Inventory of separate property of wife.

166. Filing inventory notice of wife's title, etc.

167. Community property, contracts by wife.

16S. Earnings of wife not liable for debts of husband.

§ 16!). Earnings of wife, when living separate, separate prop-
erty.

S 170. Liability for debts of wife contracted before marriage.

§ 171. Wife's property not liable for debts of the husband, but
liable for her own debts.

§ 172. Management, control, and disposition of coiniminity
property.

§ 173. Courtesy and dower not allowed.

§ 174. Support of wife.

§ 175. Same — When separate from liusband.

§176. Wife to support husband, wlien.

§ 177. Rights of husband and wife governed by what.

§ 178. Marriage settlement contracts, how executed.

§ 179. To be acknowledged and recorded.

§ 180. Effect of recording.

§181. Minors may make marriagi- settlements.



§ loo. MUTUAL OBLKJATIOXS OF HUSBAND AND WIFE.

Husband and wife contract towards each other obligations of
mutual respect, fidelity, and support.

Hl.story: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 6 pars, annotation.

75 C. 1, 36, 16 P. 345, 361 (construed and applied): 82 C. 413,
417, 22 P. 1140 (construed): 92 C. 653, 655 (referring by error to
this section Instead of § 156), 2S P. 787 (correct citation); 117 C

77



§§156,157 CIVIL CODE. [Div.I,Pt.III.

633, 635, 49 P. 836, 38 L. 175 (applied); (C. Jan. 10, 1898), 51 P.
859 (construed); 130 C. 285, 286, 62 P. 515; 2 C. A. 509, 512, 83
P. 257, 258 (construed with otlier sections).

As to alimony, see Kerr's Cyc. C. C. §§ 136, 137, 139, 140-142 and
notes.

As to liability of husband for wife's necessaries, see Kerr's
Cyc. C. C. §§ 174, 175 and notes.

As to support of wife after abandonment of husband, see
Kerr's Cyc. C. C. § 175 and note.

Failure to support ground for divorce. — See Kerr's Cyc. C. C.
§ 105 and note.

Mother must aid in support of children, when.— See Kerr's
Cyc. C. C. § 196 and note.



§ 156. RIGHTS OF HUSBAND, AS HEAD OF FAMILY.

The husband is the head of the family. He may choose any
reasonable place or mode of living, and the wife must con-
form thereto.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 11 pars, annotation.

67 C. 387, 391, 7 P. 804 (applied); 92 C. 653, 655 (applied, but
erroneously cited as §155), 28 P. 787 (correct citation); 123 C.
653, 655, 56 P. 554 (applied); 137 C. 273, 275, 92 A. S. 160, 70 P.
21, 58 L. 941 (cited); 2 C. A. 509, 512, 83 P. 257 (construed with
other sections).

As to husband's liability for care of insane wife, see Kerr's
Cyc. C. C. § 174 and note pars. 8, 9.

For fixing residence of child. — See Kerr's Cyc. C. C. § 213 and
note.

For selecting dwelling-place of wife, and her refusal to con-
form thereto constitutes desertion, and ground for divorce.—
See Kerr's Cyc. C. C. §§ 103, 104 and notes.

Husband head of family — For homestead purposes. — See
Kerr's Cyc. C. C. § 1261 and note.

§ 157. IN OTHER RESPECTS THEIR INTERESTS SEP-
ARATE. Neither husband nor wife has any interest in the
property of the other, but neither can be excluded from the
other's dwelling.

History: Enacted March 21, 1872.

See Kerr's Cye. C C for 2 pars, annotation.
115 C. 366, 272, 56 A, S. 97, 47 P. 37, 37 L. 626 (applied); 135 C.

78



Tit.I.Ch.III.] CONTRACTS BETWEEN SPOUSES. § 158

121, 125, 67 P. 20 (applied); 2 C. A. 509, 513, 83 P. 257 (construed
with other sections).

As to action for alimony witliout divorce, see Kerr's Cyc. C. C.
§ 137 and note.

As to action to set aside conveyance in fraud of marital
rights, see Kerr's Cyc. C. C. §§ 3439-3442 and notes.



§158. HUSBA>D AND WIFE MAY MAKE ((»TRACTS.

Either husband or wife may enter into any engagement or
transaction with the other, or with any other person, respect-
ing property, which either might if unmarried; subject, in
transactions between themselves, to the general rules which
control the actions of persons occupying confidential relations
with each other, as defined by the title on trusts.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 137 pars, annotation.

52 C. 334. 335 (construed and applied); 53 C. 456, 459, 460, 461
(construed and applied) ; 54 C. 178, 179 (construed) ; 55 C. 52, 58, 59
(referred to); 59 C. 507, 513, 516 (referred to); 64 C. 397, 398, 399,
1 P. 479 (construed and applied); 67 C- 293, 294, 7 P. 705 (con-
strued and applied); 67 C. 536, 540, 8 P. 63 (construed and ap-
plied); 70 C. 250, 252, 11 P. 643 (construed and applied); 70 C.
282, 285, 11 P. 719, 720, 721 (construed and applied); 73 C. 583,
585, 2 A. S. 829, 15 P. 287 (construed and applied); 74 C. 345,
348, 349, 16 P. 189 (construed and applied); 75 C. 525, 528, 7 A.
S. 189, 17 P. 689 (construed and applied); 78 C. 310, 312, 12 A. S.
58, 20 P. 715, 3 L. 781 (construed and applied); 83 C. 274, 278,
23 P. 348 (construed and applied); 87 C. 643, 649, 650. 25 P. 922
(cited); 94 C. 446, 461, 29 P. 957 (construed and applied); 96 C.
433, 439, 31 P. 358 (construed and applied); 96 C. 609, 610, 611. 31
P. 618 (construed and applied); 97 C. 131, 134, 31 P. 908 (construed
and applied); 97 C. 259, 262, 32 P. 171 (cited); 98 C. 454, 460. 33
P. 335 (construed and applied); 100 C. 276. 279, 280, 38 A. S. 287.
34 P. 775 (construed and applied); 103 C. 97, 100, 101, 37 P. 189
(construed and applied); 106 C. 453, 455, 39 P. 756 (applied); 114
C. 566, 568, 55 A. S. 90, 46 P. 667 (construed and applied); 115 C.
663, 672, 47 P. 691 (construed and applied); 49 P. 129, 130 (dis-
cussed with other sections); 120 C. 322, 323, 324 (applied witii
other sections), 326 (referred to in dis. op. as difficult of con-
struction), 52 P. 723, 725; 121 C. 92, 94, 95, 53 P. 362 (construed
and applied); 122 C. 364, 366, 55 P. 9 (referred to with § 159); 123
C. 491, 496, 56 P. 254 (referred to with other sections); 126 C.
30, 33, 58 P. 324 (construed and applied); 129 C. 283, 289, 61 P.
907, 50 L. 548 (construed); 130 C. 392, 393, 80 A. S. 138, 62 P. 615

79



§ 158 CIVIL CODE. [Div.I.Pt.III.

(construed); 134 C. 170, 172, 173, 174, 175, 66 P. 231 (construed
and applied); 134 C. 603, 606, 65 P. 321, 66 P. 860 (construed and
applied); 134 C. 170, 172, 173, 175, 66 P. 231 (cited) ; 135 C. 316,
317, 318, 67 P. 778 (construed); 137 C. 685, 693, 695, 697, 70 P. 771
(construed and applied); 139 C. 246, 253, 72 P. 997 (construed
and applied); 142 C. 119, 124, 75 P. 670 (cited); 143 C. 646, 649,
77 P. 657 (cited as to vesting of title under deed from husband
to wife); 145 C. 596, 599, 79 P. 272 (construed with § 159); 2 C. A.
479, 483, 84 P. 326 (applied); 28 F. 599, 602 (applied).

As to acknowledgment by married woman, see Kerr's Cyc.
C. C. § 178 and note.

As to adoption by husband of wife's void acts in her own
behalf, see Kerr's Cyc. C. C. § 158 note par. 67.

As to adoption by husband of wife's void contract, see Kerr's
Cyc. C. C. § 158 note par. 67.

As to agency of husband, see Kerr's Cyc. C. C. § 158 note pars.
111-122.

As to capacity of all persons to contract, except ininors,
insane persons, and persons deprived of civil rights, see Kerr's
Cyc. C. C. §§ 33-40 and notes, and Kerr's Cyc. C. C. §§ 1556, 1557
and notes.

As to champertous contract by wife with stranger, see Kerr's
Cyc. C. C, § 158, note par. 74.

As to conflict of laws concerning power of wife to convey
separate property, see Kerr's Cyc. C. C. § 162 and note par. 70.

As to contract abandoning homestead, see Kerr's Cyc. C. C.
§§ 159, 1243 and notes.

As to contracts concerning separate property of husband
and wife and community property, see Kerr's Cyc. C. C. § 162
and note pars. 40-65, § 163 and note pars. 16-37; and § 172
and note pars. 41-85.

As to contracts of separation and for support, see Kerr's
Cyc. C. C. §§ 159, 160 and notes.

As to conveyance of separate property by wife, see Kerr's
Cyc. C. C. § 162 and note pars. 42-65.

As to conveyance and encumbrance of separate property by
wife, see Kerr's Cyc. C. C. § 162 and note pars. 42-65.

As to conveyance by husband of homestead after divorce,
see Kerr's Cyc. C. C. § 172 and note par. 60.

As to delivery of chattels sold, see Kerr's Cyc. C. C. §§ 1753,
1754, 1756, 1758 and notes.

As to delivery of deed in escrow, see Kerr's Cyc. C. C, § 158,
note pars. 25-27.

As to duress exerted by one spouse upon other, see Kerr's
Cyc. C. C. § 158, note pars. 54, 55.

As to effect of conveyance of commvinity property to wife,
see Kerr's Cyc. C. C. § 164 and note par. 156.

80



Tit.I.Ch.III.] CONTRACTS HRTWKICN SPOUSES. § 158

As to effect of conveyance of liusbawd's separate property to
wife, see Kerr's Cyc. C. C. S164 and note par. 157.

As to gift by husband to wife of her earnings, see Kerr's
Cyc. C. C. S 164 and note par. 164.

As to husband's liability for necessaries when abandoned liy
wife, see Kerr's Cyc. C. C. § 175 and note.

As to husband's liability for wife's necessaries upon neglect
to provide, see Kerr's Cyc. C. C. § 174 and note.

As to married women becoming sole traders, rights, liaV)ili-
ties, etc., see Kerr's Cyc. C. C. P. §§ 811-821 and notes.

As to mortgage and note by wife, see Kerr's Cyc. C. C. § 162
pars. 79-89..

As to mortgages executed bj- hu.sband. see Kerr's Cyc. C. C.
S 163 and note par. 20.

As to mortgages execuli'd by wife, see Kerr's Cyc. C. C. § 162
and note pars. 79-101.

As to mortgages given by wife as surety, see Kerr's Cyc.
C. C. § 162 and note par. 79.

As to mortgages on community property, see Kerr's Cyc. C
C. Ji 172 and note par. 62.

As to necessity for delivery as against creditors, see Kerr's
Cyc. C. C. § 3440 and note.

As to reformation, see Kerr'.s Cyc. C. C. S 162 and note pars.
145, 146.

As to reformation of unacknowledged deed, see Kerr's Cyc.
C. C. SS 1202-1204 and notes.

As to rescission of contracts of si-paration, see Ki-rr's Cyc.
C. C. $ 159 and note pars. 42-.'.5.

As to sales by husband to wif^^ see Kirr's Cye. C. C. § 158,
note pars. 44-46 this note.

As to specific performance of unacknowledged deeds and con-
tracts, see Kerr's Cyc. C. C. 88 1093, 1187 and nott-s.

As to statute of frauds, see Kerr's Cyc. C. C. S 1624 and note.
and Kerr's Cyc. C. C. 8 15S, note par. 93.

As to undue inlluence, s<-e Kerr's Cyc. C. C. 8 1">S. note pars.
60-66.

As to validity of oral promise to answer for debt, default.
or miscarriage of another, see Kerr's Cyc. C. C. 8 1624 subd.
2 and note.

Alimony — Validity ni" agr.'rnuiit a.'^ to. — Si'c K<'rrs Cyc. C. C.
$ 146 and note.

Alterations of legal relations as to property. — See Kerr's
Cyc. C. C. 8 159 and note pars. 15-22.

Antenuptial contracts and marriage settlements. — See Kerrs
Cyc. C. C. § 178 and note.

Common and joint property — contracts concerning. — See
Kerr's Cvc. C. C. § 161 and note par. 3.

81



§ 159 - CIVIL CODE. [Dlv.I,Pt.III.

Conveyance from one spouse to other — Community prop-
erty. — See Kerr's Cyc. C. C. § 172 and note pars. 59-61.

Description of property in contract between husband and
wife.- — See Kerr's Cyc. C. C. § 159 and note par. 16.

Husband's separate property. — See Kerr's Cyc. C. C. § 163 and
note pars. 21-37.

Wife's separate property. — See Kerr's Cyc. C. C. § 162 and
note par. 64.



§159. HOW FAR MAY ALTER THEIR LEGAL RELA-
TIONS. A husband and wife cannot, by any contract with
each other, alter their legal relations, except [1] as to prop-
erty, and except that [2] they may agree, in writing, to an
immediate separation, and may [3] make provision for the
support of [a] either of them and of [b] their children during
such separation.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 193.

See Kerr's Cyc. C. C. for 55 pars, annotation.

53 C. 456, 459 (construed) ; 54 C. 178 (referred to with other sec-
tions) ; 64 C. 397, 399, 1 P. 479 (referred to); 73 C. 583, 585, 2 A. S.
829, 15 P. 287 (construed and applied); 96 C. 433. 439, 31 P. 358
(construed and applied); 100 C. 276, 379, 38 A. S. 287, 34 P. 775
(referred to with §158); 106 C. 453, 455, 39 P. 756 (construed
and applied); 106 C. 541, 545, 39 P. 931 (construed and applied);
118 C. 499, 501, 62 A. S. 251, 50 P. 766 (construed and applied);
121 C. 92, 94, 53 P. 362 (construed and applied); ]22 C. 364, 366,
55 P. 9 (referred to); 126 C. 30, 33, 58 P. 324 (construed and
applied); 145 C. 596, 599, 79 P. 272 (construed with §158); 149
C. 224, 225, 86 P. 505, 506 (referred to).

As to acknowledgment of grant by married woman, see
Kerr's Cyc. C. C. §§ 1093, 1191 and notes.

As to capacity of husband and wife to contract inter se, see
Kerr's Cyc. C. C. § 158 and note pars. 16-43.

As to community property, see Kerr's Cyc. C. C. §164 and note
par. 156.

As to contracts between husband and wife, see Kerr's Cyc.
C. C. § 158 and note pars. 16-43;

As to contracts generally between husband and wife, see
Kerr's Cyc. C. C. § 158 and note pars. 16-43.

As to enforceability of provision for separation, see Kerr's
Cyc. C. C. § 159, note par. 39.

As to necessity of recording conveyances of real property,
see Kerr's Cyc. C. C. §§ 1214, 1215 and notes.

82



I



Tit.I,Ch.III.] SEPARATION— TEN-ANCY. §§ 160, 161

As to reasonableness of antenuptial contracts, see Kerr's
Cyc. C. C. § 178 and note.

As to right to custody of children, see Kerr's Cyc. C. C. §§ 197-
200 and notes.

§160. COXSIDERATIOX FOR AGREEMENT OF SEPA-
RATION. The mutual consent of the parties is a sufficient
consideration for such an agreement as is mentioned in the
last section.

Hi-story: Enacted March 21, 1872.

§161. MAY BE JOINT TENANTS, ETC. A husband and
wife may hold property as joint tenants, tenants in common,
or as community property.

History: Enacted March 21, 1872: amended by Code Commis-
sioners, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 338;
held unconstitutional, see history, § 4 ante.

See Kerr's Cyc. C. C. for 13 pars, annotation.



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