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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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53 C. 456, 459, 460 (referred to in discussion); 70 C. 282, 285, 11
P. 719, 720, 721 (construed and applied); 116 C. 339, 341, 342, 343.
58 A. S. 170, 48 P. 228, 36 L. 497 (construed); 131 C. 64, 67, 63 P.
133 (construed and applied); 139 C. 559, 560, 562, 73 P. 433
(applied); 145 C. 477, 480, 78 P. 1045 (applied with §384, C.
C. P.).

As to abatement and survival of actions, see Kerr's Cyc. C.
C. P. § 385 and note.

As to actions for partition, generally, see Kerr's Cyc. C. C. P.
ch. IV, pt. II, tit. X.

As to disposal of community property by decree of divorce,
see Kerr's Cyc. C. C. §§ 146-148 and notes.

As to effect of partitioning land in which husband and wife
have community interest, see post §164 and note par. 14.

As to effect of purchasing land with separate and community
funds, see Kerr's Cyc. C. C. § 164 and note pars. 135, 137, 184-
187.

As to husband being agent of wife, see Kerr's Cyc. C. C.
§158 and note pars. 111-122.

As to husband being wife's agent, see Kerr's Cyc. C. C. § 158
and note pars. 111-122.

As to ownership of, and title to, community property, see
Kerr's Cyc. C. C. § 172 and note pars. 5-24.

As to procedure, generally, in an action for partition, see
15 Encyc. P. 769.

As to what constitutes joint tenancy and tenancy in com-
mon, see, respectively, Kerr's Cyc. C. C. §§ 683, 685 and notes.

83



§ 162 CIVIL CODE. [Div.I,Pt.III.

§ 162. SEPARATE PKOPERTY OF THE WIFE. All prop-
erty of the wife, [1] owned by her before marriage, and that
[2] acquired afterwards by gift, bequest, devise, or descent,
with [3] the rents, issues, and profits thereof, is her separate
property. The wife may, without the consent of her hus-
band, convey her separate property.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 149 pars, annotation.

49 C. 189, 192 (referred to); 53 C. 456, 459 (referred to); 54
C. 178 (applying § 167 of original code, forbidding a wife to
make a contract to pay money); 55 C. 52, 56, 58 (construed
and applied); 70 C. 282, 284, 11 P. 719 (applied); 70 C. 424, 426,
427, 12 P. 392, 393 (construed with reference to §169); 80 C.
65, 67, 22 P. 69 (referred to and held inapplicable); 87 C. 464,
468, 25 P. 681, 11 L. 252 (referred to); 94 C. 425, 429, 29 P. 954
(referred to); 95 C. 343, 352, 28 P. 265 (applied); 105 C. 680,
691, 39 P. 56 (referred to); 106 C. 608, 612 39 P. 939 (referred
to); 109 C. 53, 59, 41 P. 819 (construed and applied); 110 C.
423, 425, 42 P. 908 (applied); 132 C. 320, 323, 64 P. 410 (applied);
134 C. 603, 604, 606. 65 P. 321 (applied); 143 C. 292, 295, 76
P. 1108 (cited); 147 C. 514, 515, 522, 82 P. 39, 40 (cited in dis.
op. and applied in department opinion, affirmed by court in
bank); 5 C. A. 690, 692, 91 P. 173 (construed with §§163, 164):
111 F. 134, 135 (cited).

As to acknowledgment by married woman, see Kerr's Cyc.
C. C. §§ 1093, 1185 and notes.

As to acknowledgments by married woman, see Kerr's Cyc.
C. C. § 1187 and note.

As to conflict of laws concerning wliat constitutes separate
or community property, see Kerr's Cyc. C. C. § 164 and note pars.
26-35.

As to deed to husband procured by wife, see Kerr's Cyc. C.
C. § 164 and note pars. 146, 147.

As to effect of commingling funds generally, see Kerr's Cyc.
C. C. § 164 and note pars. 181-191.

As to effect of gift by wife to husband, see Kerr's Cyc. C. C.
§ 164 and note par. 158.

As to effect of wife's deed, see Kerr's Cyc. C. C. § 1187 and
note.

As to evidence to overcome presumption that property is
community property, see Kerr's Cyc. C. C. § 164 and note pars.
84-107.

As to insurance policy assigned to wife by stranger, see
Kerr's Cyc. C. C. § 164 and note par. 12.

84



Tit.I.ch.III.] PROPERTY OF HUSRANM). §163

As to necessity for delivery upon gift or sale by husband
to wife, see Kerr's Cyc. C. C. § 158 and note pars. 36-40.

As to property purchased with separate funds, see Kerr's
Cyc. C. C. § 164 and note pars. 206, 208-211.

As to reformation of unacknowledged deeds, see Kerr's Cyc.
C. C. §§ 1202-1204 and note.

As to remedies by and against wife on contracts, see Kerr's
Cyc. C. C. § 158 and note pars. 41-43, 54-56, 86-106.

As to rights of action growing out of contracts lietween
husband and wife, see Kerrs Cyc. C. C. § 158 and note jjars.
42, 43, 54-56, 60-66.

As to specific performance of unacknowledged deeds and
contracts, see Kerr's Cyc. C. C. §§ 1093, 1187 and notes.

As to validity of wife's deed where statute is not complied
with, see Kerr's Cyc. C. C. S 162, note pars. 43-53, 65, 66-68. 70.
75, 76.

As to wife as party plaintiff in action agaijist her husband,
see Kerr's Cyc. C. C. § 370 subd. 2 and note.

Conflict of laws as to what constitutes separate or com-
munity property. — See Kerr's Cyc. C. C. §164 and note pars.
26-35.

Improvements on separate property of wife. — See Kerr's Cyc.
C. C. §164 and note pars. 192-195.

§ 1«3. SKTAIJATK rHOTKHTY OF TIIK HISBWD. All

property [1] owned by the luusband before marriage, and
that [2] acquired afterwards by gift, bequest, devise, or
descent, with [3] the rents, issues, and profits thereof, is Iiis
separate proijertj.

lllNlory: Enacted Marcli 21, 1872.

See Kerr's Cyc. C. C. for 45 pars, annotation.

70 C. 282, 284, 11 P. 719, 720 (referred to); 79 C. 304, 310, 21
P. 759 (referred to); 87 C. 464, 468, 25 P. 681. 682. 11 L. 252
(referred to); 94 C. 425, 429, 29 P. 954 (referred to): 106 C.
608, 612. 3^ P. 939 (referred to); 109 C.- 53. 59, 41 P. 819 (referred
to); 132 C. 320, 323, 64 P. 410 (referred to); 134 C. 603, 604. 65
P. 321. 66 P. 860 (referred to); 142 C. 1, 5. 6. 75 P. 324 (cited):
147 C. 514, 515. 82 P. 39, 41 (<iti-d in dis. op.); 5 C. A. 690. 692,
91 P. 173 (construed with S§162, 104); 111 F. 134. 135 (cited):
128 U. S. 63, 54. 32 I., ed. 415. 418 (cited).

As to abandonment and conveyance of liomcstead, see Kerr's
Cyc. C. C. §S 1242, 1243 and notes.

As to contracts between husband and wifi- concerning home-
stead, see Kerr's Cyc. C. C. § 158 and note par. 31.

As to description of property, see Kerr's Cyc. C. C. { 159 and
note par. 16.

85



§ 164 CIVIL CODE. [Div.I.Pt.III.

As to mortgage by husband to wife, see Kerr's Cj'c. C. C. § 163,
note pars. 28, 29 this note.

As to public land grants, see Kerr's Cyc. C. C. § 164 and note
pars. 108-125.

As to separate property of husband given to wife becoming
wife's separate property, see Kerr's Cyc. C. C. § 164 and note
par. 157.

As to what property may be disposed of by will, see Kerr's
Cyc. C. C. §1274 and note.

Burden of proving that property is separate property. — See
Kerr's Cyc. C. C. § 164 and note pars. 3, 75.

Commingled property. — See Kerr's Cyc. C. C. § 164 and n'ote
pars. 181-191.

Conflict of laws as to what constitutes separate or com-
munity property. — See Kerr's Cyc. C. C. § 164 and note pars.
26-35.

Earnings of husband. — See Kerr's Cyc. C. C. § 164 and note
pars. 161, 165-167.

Improvements on separate property. — See Kerr's Cyc. C. C.
§ 164 and note pars. 192-195.

May invest separate property of husband in business, to an
amount not exceeding $500. — See Kerr's Cyc. C. C. P. § 1416
and note.

Money borrowed. — See Kerr's Cyc. C. C. § 164 and note pars.
127-129.

Personal injuries — Right of action for, see Kerr's Cyc. C. C.
§ 164 and note par. 178.

Property purchased during coverture. — See Kerr's Cyc. C. C.
§ 164 and note pars. 36-107, 126, 139.

Rents, issues and proflta of separate property. — See Kerr's
Cyc. C. C. § 164 and note pars. 168-177.

Title — Immaterial in name of which spouse taken. — See
Kerr's Cyc. C. C. § 164 and note pars. 212-214.

Transmutation of property. — See Kerr's Cyc. C. C. § 164 and
note pars. 196-215.



§164. COMMUNITY PROPEBTY— CONVEYANCES OF
REAL ESTATE [TO AND] BY MARRIED WOMEN— TIME
LIMIT FOR BRINGING ACTION. All other property acquired
after marriage by either husband or wife, or both, is com-
munity property; but whenever any property is conveyed to
a married woman by an instrument in writing, the presump-
tion is that the title is thereby vested in her as her separate
property. And in case the conveyance be to such married
woman and to her husband, or to her and any other person,

86



Tit.I,ch.III.] COMMUNITY PROPERTY. § 164

the presumption is that the married woman takes the part
conveyed to her, as tenant in common, unless a different
intention is expressed in the instrument, and the presump-
tion in this section mentioned is conclusive in favor of a
purchaser or encumbrancer in good faith and for a valuable
consideration. And in cases

>Vbere married women have convejed, or shall hereafter
convey, real property which they acquired prior to May nine-
teenth, eighteen hundred and eighty-nine, the husbands, or
their heirs or assigns, of such married women, shall be barred
from commencing or maintaining any action to show that said
real property was community property, or to recover said
real property,, as follows: [1] As to conveyances heretofore
made, from and after one year from the date of the taking
effect of this act; and [2] as to conveyances hereafter made,
from and after one year from the filing for record in the
recorder's office of such conveyances, respectively.

Hi.«*torr: Enacted March 21, 1872; amended March 19, 1889,
Stats, and Amdts. 1889, p. 328; March 3. 1893, Stats, and Amdts.
1893, p. 71; March 4, 1897, Stats, and Amdts. 1897, p. 63; by Code
Commissioners, Act March 16, 1900-1, p. 193; held unconstitu-
tional, see history, § 4 ante.

See Kerr's Cyc. C. C. for 215 pars, annotation.

70 C. 282, 284, 11 P. 719, 720 (referred to); 70 C. 424, 426. 12
P. 392, 393 (construed and applied); 80 C. 46, 48, 13 A. S. 96, 22
P. 67 (applied); 83 C. 521, 529, 23 P. 695 (construed); 87 C.
464, 468, 25 P. 681. 11 L. 252 (construed and applied); 94 C.
425, 429, 29 P. 954 (construed and applied); 98 C. 264, 267, 33
P. 95 (applied); 101 C. 563, 565, 36 P. 103 (construed and
applied); 105 C. 680, 691, 39 P. 56 (construed and applied);
106 C. 355, 361, 39 P. 793 (construed and applied); 106 C. 608.
612. 39 P. 939 (cited); 109 C. 53. 59. 60. 41 P. 819 (construed
and applied); (C. Jan. 31, 1896). 43 P. 599, 601, 602 (construed);
122 C. 358, 360, 361, 55 P. 132 <construed and applied); 124 C.
216. 218, 71 A. S. 50. 56 P. 1028 (construed and applied); 125
C. 9, 13. 14, 57 P. 690 (construed and applied); 126 C. 30. 32, 58
P. 324 (construed and applied); 132 C. 320, 322, 323, 64 P. 410
(referred to); 134 C. 403, 405. 406, 66 P. 569 (held not affected
by §575); 134 C. 603, 604, 606. 65 P. 321. 66 P. 860 (construed
and applied); 136 C. 31. 33. 68 P. 327 (construed and applied);
71 P. 802. 803. 804 (construed as laying down a limitation of
time for commencing or maintaining actions); 138 C. 570, 571,

87



§ 164 CIVIL CODE. [Div.I.Pt.TII.

572, 72 P. 165 (construed); 142 C. 119, 121, 75 P. 670 (applied);
143 C. 292, 295, 76 P. 1108 (cited and commented upon); 143 C.
646, 647, 77 P. 657 ("presumption" in section defined); 147 C.
514, 515, 522, 82 P. 39, 40 (cited in dis. op. and applied in
department opinion affirmed by court in bank) ; 3 C. A. 651,
655, 86 P. 978, 979 (construed with § 172); 4 C. A. 671, 675, 88 P.
994 (applied); 5 C. A. 690, 692, 91 P. 173 (construed with §§162,
163, and presumption, under section prior to amendment of
1889, defined); 111 F. 134, 135 (cited); 128 U. S. 53, 54, 32 L. ed.
415, 418 (cited).

COMMUNITY PROPERTY.

As to allowance to wife after divorce out of husband's future
earning-s, see Kerr's Cyc. C. C. § 139 and note.

As to conveyance by husband and wife and doctrine of
caveat emptor, see Kerr's Cyc. C. C. § 172, note pars. 65-69.

As to cotenancy of spouse and community, see Kerr's Cyc.
C. C. § 161 and note par. 11.

As to declarations which are part of res gestae, see Kerr's
Cyc. C. C. P. § 1850 and note.

As to earnings and accumulations of wife while living sepa-
rate from husband, see Kerr's Cyc. C. C. § 169 and note.

As to husband's management and control of community prop-
erty, see Kerr's Cyc. C. C. § 172 and note.

As to power of husband to give to wife, see Kerr's Cyc. C. C.
§ 172 and note par. 59.

As to right of action for wife's personal injuries being in
husband, see Kerr's Cyc. C. C. § 172 and note pars. 34, 35.

Actions respecting community property — Capacity to sue and
be sued, etc. — See 26 Cent. Dig. col. 2714, §§ 968-988.

Administration and settlement of community estates. — See
6 Encyc. L. 346; 26 Cent. Dig. col. 2808, §§1032-1045.

Adverse possession of community property. — See 1 Cent. Dig',
col. 2241, §283[s]; col. 2281, §331; col. 2355, §416[r, s]; col.
2407, § 484.

Antenuptial and post-nuptial debts of wife. — See 19 L. 235.

Character of interest and right of each spouse during the
continuance of the community. — See 6 Encyc. L. 331.

Community and separate debts. — See 26 Cent. Dig. col. 2698,
§§953-967.

Community property, consists of what. — See 86 A. D. 628;
6 Encyc. L. 307-325; 26 Cent. Dig. col. 2604, §§886-916.

Community, the, how formed. — See 6 Encyc. L. 297.

Conflict of laws as affecting community property. — See 6
Encyc. L. 351-356.

Contract between husband and wife concerning community.
— See Kerr's Cyc. C. C. § 159 and note par. 17.

Contracts, conveyances, and gifts between spouses during
continuance of community. — See 26 Cent. Dig. col. 2664, §§ 925-
928.



I






Tit.I.Ch.III.] COMMUNITY PROPERTY. § 164

Conveyance of community property. — See Kerr's Cyc. C. C.
§ 172 and note pars. 41-85.

Damages becoming community property, liusband and wife
must be joined in action. — See 10 Encyc. P. 209.

Damages for injuries, as community property. — See 6 Encyc.
L. 309; 26 Cent. Dig. col. 2639, §§911, 912.

Same — Husband and wife must be joined in action to recover.
— See 10 Encyc. P. 254.

Debts of husband. — See 19 L. 235.

Disposition of community property by will. — See 6 Encyc.
L. 346.

Dissolution of the community, and the effect thereof. — See
6 Encyc. L. 341; 26 Cent. Dig. col. 2764, §§1003-1007.

Divorce of spouses, effect on community rights, interests,
and lia))ilities. — See 26 Cent. Dig. col. 2754, §§ 9S9-1002.

Earnings of spouses as community property. — See 6 Encyc.
L. 311; 26 Cent. Dig. col. 2639, §§911, 912.

Effect of conveyance of community property by husband and
wife. — See 69 L. 378.

Effect of divorce on community property in absence of adju-
dication.— See 11 L. N. S. 103.

Estoppel to deny nature of property. — See 26 Cent. Dig. col.
2618, § 896.

Evidence as to character of property — Presumption, burden
of proof, etc. — See 26 Cent. Dig. col. 2640, §§ 913-916.

Existence of community. — See 26 Cent. Dig. col. 2596. § 880.

Grants of public lands, donations, etc., as community prop-
erty. — See 6 Encyc. L. 313-315.

Husband generally sues alone concerning community prop-
erty.— See 10 Encyc. P. 222, 254.

Improvements made by community on separate property. —
See 6 Encyc. L. 324.

Inchoate titles as community property. — See 6 Encyc. L. 317.

I^iability of conmiunit>- property for debts. — See 19 Encyc. L.
233.

Marriage settlements as affecting community property. — See
26 Cent. Dig. col. 2597, §§ 881-885.

Nature and existence of community property, laws govern-
ing, etc. — See 26 Cent. Dig. col. 2591, §§878-880; 6 Encyc. L.
296.

Ordinary commercial partnership between the spouses. — See
6 Encyc. L. 349.

Parties in actions against community jiroperty. — See 10
Encyc. P. 254.

Partition of homestead in community property. — See 4 L. N.
S. 797.

Pensions paid by the government, not community property. —
See 26 Cent. Dig. col. 2610, § 891.

89



§ 164 CIVIL CODE. [Div.I.Pt.III.

Presumption that debt is common debt. — See 19 L. 235.

Presumptions in relation to community property. — See 6
Encyc. L. 325; 2j6 Cent. Dig. col. 2640.

Proceeds of insurance as community property. — See 26 Cent.
Dig. col. 2609, § 890.

Property acquired by spouse through devised bequest or in-
heritance, not community property. — See 26 Cent. Dig. col. 2610,
§ 893, 2612, § 894.

Property acquired during- marriage. — See 26 Cent. Dig. col.
2607, §§ 889-892.

Property held at time of marriage. — See 26 Cent. Dig. col.
2606, § 888.

Property purchased — Separate and community funds. — See
26 Cent. Dig. col. 2619, §§ 897-903.

Property which is community property. — See 86 A. D. 628;
6 Encyc. L. 307-325; 26 Cent. Dig. col. 2604, §§886-916.

Public lands acquired by grant or entry, as to whether com-
munity property. — See 26 Cent. Dig. col. 2613, § 895.

Purchase on credit, as asset of community. — See 6 Encyc.
L. 312.

Registry laws, as affecting community property. — See 6
Encyc. L. 348.

Rents, profits, products, improvements and proceeds of sa*le
of separate property. — See 6 Encyc. L. 320; 26 Cent. Dig. col.
2634, §§ 904-910.

Right of husband to become creditor of the community. —
See 19 L. 235.

Right of wife to hold separate property. — See 26 Cent. Dig.
col. 2605, § 887.

Rights and liabilities of survivor of spouses and heirs. — See
26 Cent. Dig. col. 2768, §§ 1008-1031.

Rights and powers of the surviving spouse. — See 6 Encyc.
L. 341-345.

Same — Rule in California. — See 6 Encyc. L. 345.

Rights and remedies of creditors during the community. —
See 6 Encyc. L. 338.

Rights of heirs in community property. — See 6 L. 347.

Rights of spouses during existence of the community. — See
26 Cent. Dig. col. 2651, §§ 917-924.

Sales, conveyances and incumbrances — Community and sepa-
rate property.— See 26 Cent. Dig. col. 2673, §§ 929-952.

Separate estate of members of the community. — See 6 Encyc.
L. 300-304.

Specific performance, in relation to community property. —
See 6 Encyc. L. 349.

Taxation of community property. — See Kerr's Cyc. C. C. § 172
and note par. 10.

90



1



Tit.I,ch.III.] INVENTORY— NOTICE. §§165,166

Testamentary capacity of liusband as to community property.
—See Kerr's Cyc. C. C. § 172 and note.

Wliat is, and whether presumptions tliat property is com-
munity property may be rebutted. — See 86 A. D. 628.

Widow's election between right to community property and
benefits of a will. — See 92 A. S. 695.

Wife having separate interest should be joined in suit con-
cerning community property. — See 10 Encyc. P. 254.

Wife may sue concerning community property where aban-
doned by husband. — See 10 Encyc. P. 222.

Wife's funds disposed with or collected by husband, not com-
munity property. — See 26 Cent. Dig. col. 2610, § 892.

§ 165. INVENTORY OF SEPARATE PROPERTY OF WIFE.

A full and complete inventory of the separate personal prop-
erty of the wife may be made out and signed by her, acknowl-
edged 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.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 14 pars, annotation.

67 C. 458, 459, 8 P. 12 (construed and applied); 81 C. 93, 95,

.96, 15 A. S. 34, 22 P. 331, 5 L. 579 (construed); 83 C. 274, 278,

23 P. 348 (construed and applied); 102 C. 547, 551, 552, 41 A. S.

200, ^6 P. 857 (construed); 124 C. 200, 202, 203, 204, 71 A. S.

42, 56 P. 880 (cited).

As to admissibility of parol evidence to identify properly,
see Kerr's Cyc. C. C. § 166 note par. 5.

As to community property, generally, see note § 164, ante.

As to constitutional origin of wife's separate property, see
Kerr's Cyc. C. C. § 162 and note pars. 6-10.

As to effect of recording inventory, see Kerr's Cyc. C. C. § 166
and note par. 2.

§ 166. FILING INVENTORY NOTICE OF WIFE'S TITLE,
ETC. The filing of the inventory in the recorder's office is
notice and prima facie evidence of the title of the wife.

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

See Kerr's Cyc. C. C. for 6 pars, annotation.
67 C. 458, 459, 8 P. 12 (referred to); 81 C. 93, 95, 96, 15 A. S.

91



§§167,168 CIVIL CODE. [Div.I,Pt.III.

34, 22 P. 331, 5 L. 579 (cited with §166); 83 C. 274, 278, 23 P.
348 (cited); 124 C. 200, 202, 71 A. S. 42, 56 P. 880 (referred to).

As to community property generally, see note § 164, ante.

As to requisites and svifficiency of delivery and change of
possession, see Kerr's Cyc. C. C. §158 and note pars. 36-40;
§ 3440 and note.

§ 167. COMMLMTl PROPERTY, COXTRACTS BY WIFE.

The property of the community is not liable for the contracts
of the wife, made after marriage, unless secured by a pledge
or mortgage thereof executed by the husband.

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

See Kerr's Cyc. C. C. for 14 pars, annotation.

53 C. 456, 459 (orig-inally, a wife could not contract for the
payment of money); 54 C. 178, 179 (before this section was
amended, a wife could not make a contract in reference to
money); 54 C. 620, 623 (referred to); 58 C. 115, 119 (cited); 62
C. 623, 639 (chang-e of section referred to); 96 C. 609, 611, 31
P. 618 (construed and applied); 112 C. 387, 398, 44 P. 734 (con-
strued); 116 C. 339, 342, 58 A. S. 170, 48 P. 228, 36 L. 497 (re-
ferred to); 111 F. 134, 135 (cited).

As to capacity of married woinen to luake contracts, see
Kerr's Cyc. C. C. § 158 and note.

As to community property generally, see note § 164, ante.

Debts — What are. — See Kerr's Cyc. C. C. § 168 and note par. 2.

For cases applying, construing, and referring to section 167
of the original code, forbidding married women from making
contracts, which was repealed by Act March 30, 1874, § 38, see
53 C. 456, 459 (referred to); 54 C. 178, 179 (construed and
applied); 62 C. 623, 639 (applied).

Payment of community debts after death of spouse out of
community property. — See Kerr's Cyc. C. C. P. § 1643 and note.

§ 16S. EARMXGS OF WIFE NOT LIABLE FOR DEBTS
OF HUSBAXD. The earnings of the wife are not liable for
the debts of the husband.

HLstory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.

53 C. 456, 459 (referred to); 63 C. 390, 391 (applied); 70 C.
424, 426, 12 P. 392, 393 (referred to); 116 C. 339, 342, 58 A. S.
170, 48 P. 228, 36 L. 497 (referred to); 121 C. 16, 25, 53 P. 416
(referred to in construing "debt").

92



1



lb



Tit.I.ch.TII.] EARNINGS OF WIFE. §§169,170

As to community property generally, see note § 164, anti-.

As to earnings of wife being separate or community i)rop-
erty, see Kerr's Cyc. C. C. § 1G4, pars. 162-164.

As to sole traders, see Kerr's Cyc. C. C. P. SS 1811-1821 and
notes.



§!()}). EAHMXilS i)V ^VIFE, >VHE> LIVING SEPAK.VTE,
SEl'AUATE rUOFEUTV. The [1] earnings and accunuila-
tions of the wife and [2] of her minor children living with
her or in" her custody, while she is living separate frnni hpr
husband, are the separate property of the wife.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 5 pars, annotation.

53 C. 456, 459 (referred to); 70 C. 424, 426, 12 P. 392, 393 (re-
ferred to in construing S 164); 71 C. 418, 426, 12 P. 347, 349 (re-
ferred to); 79 C. 200, 202, 21 P. 651, 652 (construed and applied);
87 C. 464, 468, 25 P. 681, 682, 11 L. 252 (referred to with other
sections); 94 C. 425, 429, 29 P. 954 (referred to with other sec-
tions); 116 C. 339, 342, 58 A. S. 170, 48 P. 228, 36 L. 497 (re-
ferred to).

As to character of wife's earnings wiiile living with hus-
band, see Kerr's Cyc. C. C. §164 pars. 162-164, also ante §164,
note.

As to community prupi'rty generally, see note § 164, ante.

§170. IJAHILITV FOR OEKTS (»K WIFE ( ONTH A( TED
BEFORE .)IAKK1A(«E. The separate property of the husband
is not liable for the debts of the wife contracted before the
marriage.

HiNtory: lOiiaeted March 21, 1872: amended by Code Commis-
sioners, Act MarcJi 16, 1901. Stats, and Aindls. 1900-1. p. 193: held
unconstitutional, see liistory, § 4 ante.

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

53 C. 456, 460 (referred to); 70 C. 282, 285. 11 P. 719, 720, 721
(erroneously cited for §171): 71 C. 418. 422, 12 P. 347. 34S
(erroneously cited for §172): 121 C. 16. 25, 53 P. 416 (referred
to with other sections): 137 C. 273. 276. 92 A. S. 160 (erroneously
reciting provision of 8 170). 70 P. 21. 22. 58 L. 941 (erroneously
stating provision of § 167 cited for § 170).



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