§ 140. Security for maintenance and alimony. The court may require the husband to give reasonable security for providing maintenance or making any payments required under the provisions of this chapter, and may enforce the same by the appointment of a receiver, or by any other remedy applicable to the case. En. March 21, 1872.

Cal.Rep.Cit. 67, 202; 111, 495; 114, 546; 115, 274; 115, 275; 116, 51; 123, 200; 124, 55; 124, 589; 126, 129.

§ 141. Court shall resort to what, in executing certain sections. In executing the five preceding sections the court must resort:

1. To the community property; then,

2. To the separate property of the husband. En. March 21, 1872.

Cal. Rep. Cit. 67, 202; 83, 466; 114, 547; 115, 275.

§ 142. If wife has sufficient for her support, court may withhold allowance. When the wife has either a separate estate, or there is community property sufficient to give her alimony or a proper support, the court, in its discretion, may withhold any allowance to her out of the separate property of the husband. En. 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 propor tions as the court deems just. En. March 21, 1872.

§ 144.

Legitimacy of issue.

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. En. March 21, 1872. See generally, post, sec. 193.

Legitimacy of children:

See, also, the next section.

$145. Same. 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. En. March 21, 1872.

§ 146. Disposition of community property on divorce. In case of the dissolution of the marriage by the decree of a court of competent jurisdiction, 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 property 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 absolutely, or for a limiited period, subject, in the latter case, to the future disposition of the court, or it may, in the discretion of the court, be divided, or be sold and the proceeds divided.

4. If a homestead has been selected from the separate property 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. En. March 21, 1872. Am'd. 1873-4, 191.

75, 46; 106, 513; 106, 613; 134, 379; 134, 380. Subd. 478, 316;

Cal.Rep.Cit. 47, 64; 63, 77;
97, 191; 102, 340;
Subd. 1-112, 277;
80, 239; 124, 653.
124, 588; 129, 292.

Discretion of court: See sec. 148.

75, 439; 83, 465; 106, 614; 114, 546.

Subd. 373, 429; 117, 409; 121, 95;

§ 147. Same. The court, in rendering a decree of divorce, must make such order for the disposition of the community property, and of the homestead, 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 proceeds. En. March 21, 1872. Am'd. 1873-4, 192.

Cal.Rep.Cit. 47, 64; 75, 414; 83, 465; 106, 513; 112, 278.

§ 148. Such an action subject to revision on appeal. The disposition of the community property, and of the homestead, 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. En. March 21, 1872. Am'd. 1873-4, 192.

Cal.Rep.Cit.

60, 580; 67, 212;

75, 415; 97, 191; 97, 192;

111, 89; 112, 278; 134, 379.

$155.

§ 156.

§ 157.

158. 159. 160. § 161. § 162.

§ 163.

§ 164.

§ 165.

§ 166. 167. § 168.

§ 169. § 170.

171.

172.

173.

§ 174. $ 175.

§ 176.

§ 177. 178.

§ 179.

§ 180.

§ 181.

§ 155.

CHAPTER III.

HUSBAND AND WIFE.

Mutual obligations of husband and wife.
Rights of husband, as head of family.
In other respects their interest separate.
Husband and wife may make contracts.
How far may alter their legal relations.
Consideration for agreement of separation.
May be joint tenants, etc.

Separate property of the wife.
Separate property of the husband.

Community property. Conveyances by married woman.
Limitations.

Inventory of separate property of wife.

Filing inventory notice of wife's title.
Community property, contract by wife.

Earnings of wife not liable for debts of husband.

Earnings of wife when living separate, separate property.
Liability for debts of wife contracted before marriage.

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

Power of the husband over community property.
Courtesy and dower not allowed.

Support of wife.

Husband not liable when abandoned by wife.

When wife must support husband.

Rights of husband and wife governed by what.
Marriage settlement contracts, how executed.

To be acknowledged and recorded.

Effect of recording.

Minors may make marriage settlements.

Mutual obligations of husband and wife. Husband and wife contract toward each other obligations of mutual respect, fidelity, and support. En. March 21, 1872. Cal.Rep.Cit. 75, 36; 82, 417; 92, 655; 117, 635; 130, 286. Mother aiding in support of children: Post, sec. 196. Wife's support of husband: See infra, sec. 176.

Husband's support of wife: See infra, secs. 174, 175, and ante, sec. 105, where the failure so to do gives ground for divorce.

156. Rights of husband, as head of family. Tne husband is the head of the family. He may choose any reasonable place or mode of living, and the wife must conform thereto. En. March 21, 1872.

Cal.Rep.Cit. 67, 391; 123, 655; 137, 275.

Head of family for homestead purposes: See post, sec.

1261.

Parent changing residence of child:. Post, sec. 213. Husband's selection of dwelling-place, desertion if wife does not conform thereto: Sec. 103.

§ 157. 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. En. March 21, 1872.

Cal.Rep.Cit. 115, 272; 135, 125.

§ 158. 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 which control the actions of persons occupying confidential relations with each other, as defined by the title on Trusts. En. March 21, 1872.

100, 280; 103, 100; 103, 101; 106, 455; 114, 568; 115, 672; 120, 323; 120, 324; 120, 326; 121, 94; 122, 366; 123, 496; 126, 33; 129, 289; 130, 393; 134, 172; 134, 173; 134, 174; 134, 175; 134, 606; 135, 317; 137, 693; 137, 695; 137, 697.

§ 159. How far may alter their legal relations. A husband and wife cannot, by any contract with each other, alter their legal relations, except as to property, and except that they may agree, in writing, to an immediate separation, and may make provision for the support of either of them and of their children during such separation. En. March 21, 1872. Am'd. 1873-4, 193.

Cal.Rep.Cit. 53, 459; 54, 178; 64, 399; 73, 585; 96, 439; 100, 279; 106, 455; 106, 545; 118, 501; 121, 94; 122, 366; 126, 33.

Marriage settlements: Post, secs. 177-181.

The

160. Consideration for agreement of separation. mutual consent of the parties is a sufficient consideration for such an agreement as is mentioned in the last section. En. 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. En. March 21, 1872.

Cal. Rep.Cit. 131, 67.

53, 459; 53, 460; 70, 285; 116, 341; 116, 343;

§ 162. 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. En. March 21, 1872.

54, 178; 55, 56; 55, 58; 87, 468; 94, 429; 95, 352; 59; 110, 425; 132, 323; 134, 604;

Cal. Rep.Cit. 49, 192; 53, 459;
70, 426; 70, 284; 80, 67;
105, 691; 106, 612; 109,
134, 606.

§ 163.

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. En. March 21, 1872.

Cal.Rep.Cit. 70, 284; 79, 310; 87, 468; 94, 429; 106, 612; 109, 59; 132, 323; 134, 604.

Community property: See the definition, sec. 687. Community property liable for what debts: Sec. 167. Husband's control over community property: Sec. 172. Descent of community property: Post, secs. 1401, 1402.

§ 164. Community property.

Conveyances by married woman. Limitations. All other property acquired after 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 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, 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 prop