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CHAPTER 37.

AN ACT IN RELATION TO PROPERTY RIGHTS OF HUSBAND AND

WIFE. C. B. No. 63; Approved March 18, 1907.

CONTENTS.

Sec. 1. Mutual obligations of husband and wife.
Sec. 2. Rights of husband as head of family.
Sec. 3. In other respects their interests separate.
Sec. 4. Husband and wife may make contracts.
Sec. 5. How far may alter their legal relations.
Sec. 6. Consideration for agreement of separation.
Sec. 7. May be joint tenants, etc.
Sec. 8. Separate property of the wife.
Sec. 9. Separate property of the husband.
Sec. 10. Community property. Conveyances by married women-limitations.
Sec. 11. Community property, contract by wife.
Sec. 12. Earnings of wife not liable for debts of husband.
Sec. 13. Earnings of wife when living separate, separate property.
Sec. 14. Liability for debts of wife contracted before married.
Sec. 15. Wife's property not liable for debts of the husband, but liable for her own

debts.
Sec. 16. Power of the husband over community property.
Sec, 17. Courtesy and dower not allowed.
Sec. 18. Support of wife.
Sec. 19. Husband not liable when abandoned by wife.
Sec. 20. When wife must support husband.
Sec. 21. Rights of husband and wife governed by what.
Sec. 22. Marriage settlement contracts, how executed.
Sec, 23. To be acknowledged and recorded
Sec. 24. Effect of recording.
Sec. 25. Minors may make marriage settlements.
Sec. 26. Distribution of the common property on the death of wife.
Sec. 27. Distribution of the common property on the death of husband.
Sec. 28. Further succession to property.
Sec. 29. When wife may exercise control over community property.
Sec. 30. Guardian to be appointed for husband, when.
Sec. 31. In other cases service to be had as in civil actions.
Sec. 32. Wife may control community property with limitations of the court.
Sec. 33. Judgments of preceding section must be recorded.
Sec. 34. Repeal section.
Be it enacted by the Legislative Assembly of the Territory of New

Mexico: Section 1. Mutual Obligation of Husband and Wife.Husband and wife contract toward each other obligations of mutual respect, fidelity and support.

Sec. 2. 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 conform theret).

Sec. 3. In Other Respects their Interests Separate.- —

Neither husband nor wife has any interest in the property of the other, but neither can be excluded from the other's dwelling

Sec. 4. Husband and Wife May Make Contracts.-Either husband or wife may enter into any engagement or transaction with the other, or with any other person respecting property, which either might, if unmarried; subject, in transactions between themselves, to the general rules of common law which control the actions of persons occupying confidential relations with each other.

Sec. 5. How Far May Alter Their Legal Relations.-A husband and wife cannot by any contract with each other alter their legal relations, except of their property, and except that they may agree in writing, to an immediate separation, and may make provisions for the support of either of them and of their children during their separation.

Sec. 6. Consideration for Agreement of Separation. The mutual consent of the parties is a sufficient consideration for such an agreement as is mentioned in the last section.

Sec. 7. May be Joint Tenants, Etc.-A husband and wife may hold property as joint tenants, tenants in common, or as community property.

Sec. 8. Separate Property of the Wife.-All property of the wife owned by her before marriage and that acquired afterwards by gift, bequest, devise or descent, with the rents, issues and profits thereof is her separate property. The wife may without the consent of her husband convey her separate property.

Sec. 9. Separate Property of the Husband.--All property owned by the husband before marriage, and that acquired afterwards by gift, bequest, devise or descent, with the rents, issues and profits thereof is his separate property.

Community Property.--Conveyances by Married Women.-Limitations.-All other property acquired afte marriage by either husband or wife, or both, is community property; but whenever any property is conveyed to a married woman by an instrument in writing the presumption is that title is thereby vested in her as her separate property. And if the conveyance be to such married woman and to her husband, or to her and any other person, 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 presumption in this section mentioned, is conclusive in favor of a purchaser or incumbrancer in good faith and for a valuable consideration. And in cases where married women have conveyed or shall hereafter convey, real property which they acquired prior to the passage of this act, the husband, or their heirs or assigns, of such married women, may 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. As to conveyances heretofore made from and after one year from the date of the taking effect of this act; and as to conveyances hereafter made from and after one year from the filing for record in the recorder's office of such convey. ances respectively.

Sec. 11. Community Property, Contract 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.

Sec. 12. Earnings of Wife not Liable for Debts of Husband. -The earnings of the wife are not liable for the debts of the husband.

Sec. 13. Earnings of Wife When Living Separate. Separate Property.-The earnings and accumulations of the wife and of her minor children living with her or in her custody, while she is living separate from her husband, are the separate property of the wife.

Sec. 14. Liability for Debts of Wife Contracted Before Marriage. The separate property of the husband is not liable for the debts of the wife contracted before the marriage.

Sec. 15. Wife's Property Not Liable for Debts of the Hus. band, but Liable for her Own Debts.-The seperate property of the wife is not liable for the debts of her husband, but is liable for her own debts, contracted before or after marriage.

Sec. 16. Power of the Husband Over Community Property.--The husband has the management and control of the community property, with the like absolute power of disposition, other than testamentary, as he has of his separate estate; Provided, however, That he cannot make a gift of such community property, or convey the same'without a valuable consideration, unless the wife, in writing, consent thereto, and; Provided, also, That no sale, conveyance or incumbrance of the homestead, which is then and there being occupied and used as a home by the husband and wife, or which has been declared to be such by a written instrument signed and acknowledged by the husband and wife and recorded in the county recorder's office of the county, and furniture, furnishings and fittings of the home, or of the clothing and wearing apparel of the wife or minor children, which is community property shall be made without the written consent of the wife.

Sec. 17. Courtesy and Dower Not Allowed.-No estate is allowed the husband as tenant by courtesy upon the death of his wife, nor is any estate in dower alloted to the wife upon the death of her husband.

Sec. 18. Support of Wife.- If the husband neglect to make adequate provision for the support of his wife, except in the cases mentioned in the next section, any other person may, in good faith, supply her with articles necessary for her support, and recover the reasonable value thereof from the hus. band.

Sec. 19. Husband not Liable When Abandoned by Wife.-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; nor is he liable for her support when she is living separate from him, by agreement, unless such support is stipulated in the agreement.

Sec. 20. When Wife must Support Husband. The wife must support the husband when he has not deserted her, out of her separate property when he has no separate property, and there is no community property, and he is unable, from infirmity to support himself.

Sec. 21. Rigbts of Husband and Wife Governed by What. The property rights of husband and wife are governed by this act, unless there is a marriage settlement containing stipulations contrary thereto.

Marriage Settlement Contracts, how Executed. All contracts for marriage settlements and contracts for separation, 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.

Sec. 23. To be Acknowledge and Recorded.-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.

Sec. 24. Effect of Recording.–The recording or non-re. cording of such contract has a like effect as the recording or non-recording of a grant of real property.

Sec. 25. Minors May Make Marriage Settlements.--A minor capable of contracting marriage may make a valid marriage settlement.

Sec. 26. Distribution of the Common Property on Death of Wife.- Upon the death of the wife, the entire community property, without administration, belongs to the surviving husband, except suci portion thereof as may have been set apart to her by a judicial decree, for her support and maintenance, which portion is subject to her testamentary dispo

sition, and in the absence of such disposition, goes to her descendants, or neirs, exclusive of her husband.

Sec. 27. Distribution of Common Property on Death of Husband.—Upon the death of the husband one half of the community property goes to the surviving wife and the other half is subject to the testamentary disposition of the hus. band, and in the absence of such disposition goes one fourth. to the surviving wife and the remainder in equal shares to the children of the decedent and further as provided by law. In the case of the dissolution of the community by the death of the husband the entire community property is equally subject to his debts, the family allowance and the charge and expenses of administration.

Sec. 28. Further Succession to Property.-Subject to the provisions of Sections 26 and 27 of this act, when any person having title to any estate, not otherwise limited by marriage contract, dies without disposing of the estate by will, it is succeeded to and must be distributed subject to the payment of his debts in the following manner: One-fourth thereof to the surving husband or wife and the remainder in equal shares to the children of decedent and further, as now provided by law.

Sec. 29. When Wife may Exercise Control Over Community Property.-Whenever the husband is non compos mentis or has been convicted of a felony and sentenced to imprisonment for a period of more than one year or has abandoned his wife and family and left her and his family, if they have children, without support or is an habitual drunkard or for any other reason is incapacitated to manage and administer the community property the wife may present a petition duly verified to the district court of the county wherein any of the community property is located or situated, stating the name of her husband, a description of all community property, both real and personal and the facts which render him incapacitated to manage and administer the community property and praying that she be substituted for her husband, as the head of said community, with the same power of managing, administering and disposing of the community property, as is vested in the husband by this act.

Sec. 30. When Guardian to be Appointed for Husband.If it appears from said petition that the husband is non compos mentis the action shall not be prosecuted further until a guardian ad litem for such husband be appointed by the court.

Sec. 31. Service to be Had as in Civil Actions in Other Cases. In all other cases except such as wherein the hus

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