Abbildungen der Seite
PDF
EPUB

erty which they acquired prior to May nineteenth, 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: 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 conveyances respectively. En. March 21, 1872. Am'd. 1889, 328; 1893, 71; 1897, 63. Cal.Rep.Cit. 70, 284; 70, 426; 80, 48; 83, 529; 87, 468;

94, 429; 98, 267; 101, 565; 105, 691; 106, 361; 106, 612; 109, 59; 109, 60; 122, 360; 122, 361; 124, 218; 125, 13; 126, 32; 132, 322; 132, 323; 134, 405; 134, 406; 134, 604 : 134, 606; 136, 33; 138, 571.

$ 165. Inventory of separate property of wife. A full and complete inventory of the separate personal property of the wife may 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. En. March 21, 1872. Cal.Rep.Cit. 67, 459; 81, 95; 81, 96; 83, 278; 102, 551 ;

124, 202; 124, 203; 124, 204. $ 166. Filing inventory notice of wife's title. The filing of the inventory in the recorder's office is notice and prima facie evidence of the title of the wife. En. March 21, 1872. Am'd. 1873-4, 193.

Cal.Rep.Cit. 67, 459; 81, 95; 81, 96; 83, 278; 124, 202.

$ 167. 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. En. March 11, 1872. Am'd. 1873-4, 193. Cal.Rep.Cit. 53, 459; 54, 178; 54, 623; 58, 119; 62, 639;

96, 611; 112, 398; 116, 342. Debts of wife: See secs. 170, 171, 174. Community property is liable for hu and's debts: Sec. 172. Necessaries furnished wife: See sec. 174.

$ 168. Earnings of wife not liable for debts of husband. The earnings of the wife are not liable for the debts of the husband. En. March 21, 1872.

Cal.Rep.Cit. 53, 459; 63, 391 ; 70, 426; 116, 342; 121, 25.

$ 169. 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. En. March 21, 1872. Cal.Rep.Cit. 53, 459; 70, 426; 71, 426; 79, 202; 87, 468 ;

94, 429; 116, 342. Sole traders-As to married women becoming sole traders, and their rights and liabilities as such, see Code Civ. Proc., secs. 1811-1821, inclusive.

$ 170. 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. En. March 21, 1872. Cal.Rep.Cit. 119, 146; 53, 460; 70, 285; 71, 422; 121, 25;

137, 276. $ 171. Wife's property not liable for debts of the husband, but liable for her own debts. The separate 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. En. March 21, 1872.

Cal.Rep.Cit. 53, 460; 54, 178; 121, 25.

$ 172. 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 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. En. March 21, 1872. Am'd. 1891, 425; 1900-01, 598. Cal.Rep.Cit. 58, 119; 70, 245; 81, 242; 85, 283; 87, 468;

112, 397; 116, 340 ; 116, 342; 116, 344; 116, 350; 135, 125; 137, 356.

Testamentary control over community property: See post, secs. 1401, 1402, which prescribe the course of descent of common property, and limit the power of testamentary disposition over the same.

Community property generally: See supra, sec. 164.

Dissolution of the community by divorce: See secs. 147, 148.

$ 173. 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 allotted to the wife upon the death of her husband. En. March 21, 1872.

Cal.Rep.Cit. 74, 103.

$ 174. 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 husband. En. March 21, 1872. Am'd. 1873-4, 193.

Cal. Rep.Cit. 69, 522; 69, 523; 100, 346; 129, 20; 129, 23.

$ 175. 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. En. March 21, 1872. Am'd. 1873-4, 193.

Cal.Rep.Cit. 54, 397; 69, 522.

$ 176. 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. En. March 21, 1872. Am'd. 1873-4, 194.

Cal.Rep.Cit. 117, 634 ; 117, 636. Mutual obligations of support: See ante, sec. 155. $ 177. Rights of husband and wife governed by what. The property rights of husband and wife are governed by this chapter, unless there is a marriage settlement containing stipulations contrary thereto. En. March 21, 1872.

Cal.Rep.Cit. 87, 647.

$ 178. Marriage settlement contracts, how executed. All contracts for marriage settlements must be in writing, and executed and acknowledged or proved in like manner as à grant of land is required to be executed and acknowl. edged or proved. En. March 21, 1872.

Cal.Rep.Cit. 75, 300.

$ 179. To be acknowledged 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. En. March 21, 1872.

$ 180. Effect of recording. The recording or nonrecord. ing of such contract has a like effect as the recording or nonrecording of a grant of real property. En. March 21, 1872. $ 181. Minors may

make marriage settlements. A minor capable of contracting marriage may make a valid marriage settlement. En. March 21, 1872.

Cal.Rep.Cit. 87, 647.

TITLE II.

PARENT AND CHILD. Chapter I. By Birth, $$ 193-215.

II. By Adoption, $$ 221-230.

CHAPTER I.

CHILDREN BY BIRTH. 193. Legitimacy of children born in wedlock. $ 194. Children after dissolution of marriage. 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 sup

port 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. 210. Compensation and support of adult child.

211. Parent may relinquish services and custody of child. $ 212. Wages of minors.

213. Right of parent to determine the residence of child. 1 214. Wife in certain cases may obtain custody of minor children. $ 215. Child legitimized by marriage of parents.

$ 193. Legitimacy of children born in wedlock. All children born in wedlock are presumed to be legitimate. En. March 21, 1872.

Cal.Rep.Cit. 75, 381 ; 137, 300.

Legitimacy of children of nullified marriage: See ante, sec. 84.

Legitimacy in cases of adultery: See ante, secs. 144, 145. Rebutting presumption of legitimacy: Sec. 195, infra.

Legitimating children by marriage of parents: See post, sec. 215.

« ZurückWeiter »