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157. Neither husband nor wife has any interest in the property of the other, but neither can be excluded from the other's dwelling.
158. 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; subiect, 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.
159. A husband and wife cannot, by any contract with each other, alter their legal relations, except as to property, and except that they mav 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. 1873–193.
160. The mutual consent of the parties is a sufficient consideration for such an agreement as is mentioned in the last section.
161. A husband and wife may hold property as joint tenants, tenants in common, or as community property.
162. 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.
163. 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.
164. All other property acquired after marriage by either husband or wife, or both, including real property situated in this state, and personal property wherever situated, heretofore or hereafter, acquired while domiciled elsewhere, which would not have been the separate property of either if acquired while domiciled in this state, 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 is 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 encumbrancer in good faith and for a valuable consideration. And in cases where a married woman has conveyed, or shall hereafter convey, real property which she acquired prior to May nineteenth, one thousand eight hundred and eighty-nine, the husband, or his heirs or assigns, of such married woman, 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 date of the taking effect of this act; as to conveyances hereafter made, from and after one year from the filing for record in the recorder's office of such conveyances, respectively. 1923.
165. 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.
166. The filing of the inventory in the recorder's office is notice and prima facie evidence of the title of the wife. 1873–193.
167. 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. 1873.-193.
168. The earnings of the wife are not liable for the debts of the husband.
169. The earnings and accumulations of the wife, and 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.
170. The separate property of the husband is not liable for the debts of the wife contracted before the marriage.
171. The separate property of the wife is liable for her own debts contracted before or after her marriage, but is not liable for her husband's debts; provided, that the separate property of the wife is liable for the payment of debts contracted by the husband or wife for the necessaries of life furnished to them or either of them while they are living together; provided, that the provisions of the foregoing proviso`shall not apply to the separate property of the wife held by her at the time of her marriage or acquired by her by devise, succession, or gift, other than by gift from the husband, after marriage. 1915—920.
171a. For civil injuries committed by a married woman, damages may be recovered from her alone, and her husband shall not be liable therefor, except in cases where he would be jointly liable with her if the marriage did not exist. 1913—217.
172. The husband has the management and control of the community personal property, with like absolute power of disposition, other than testamentary, as he has of his separate estate; provided, however, that he can not make a gift of such community personal property, or dispose of the same without a valuable consideration, or sell, convey, or encumber the furniture, furnishings, or fittings of the home, or the clothing or wearing apparel of the wife or minor children that is community, without the written consent of the wife. 1917–829.
172a. The husband has the management and control of the community real property but the wife must join with him in executing any instrument by which such community real property or any interest therein is leased for a longer period than one year, or is sold, conveyed, or encumbered; provided, however, that the sole lease, contract, mortgage or deed of the husband, holding the record title to community real property, to a lessee, purchaser or encumbrancer, in good faith without knowledge of the marriage relation shall be presumed to be valid; but no action to avoid such instrument shall be commenced after the expiration of one year from the filing for record of such instrument in the recorder's office in the county in which the land is situate. 1917–829.
172b. Where real property is held as community property, and either the husband or wife has been adjudged insane or incompetent, the husband or wife not insane or incompetent may petition the superior court of the county in which such community real property is situated for an order permitting the husband or wife. not insane or incompetent, to sell and convey, mortgage or lease, such community real property to raise moneys to provide for the support and care either of the sane or insane or incompetent spouse, or of their minor children, and also to raise moneys for the payment of the necessary taxes, interest and other charges incurred and required to be paid for the protection and preservation of the community estate and whenever it appears it is for the advantage, benefit, and best interests of the spouses, the estates or their dependents. Such petition must be subscribed and sworn to by the applicant, setting forth the name and age of the insane or incompetent husband or wife; a description of the premises constituting the community real property petitioned to be sold, mortgaged or leased; the value of same; the county in which it is situated; and such facts, in addition to the insanity or incompetency of the husband or wife, relating to the circumstances and necessities of the applicant and his or her family as he or she may rely upon in support of the petition. 1921–91.
172c. Notice of the application for such order must be given by publication of the same in a newspaper published in the county in which said community real property is situated, if there is a newspaper published therein, once each week for three successive weeks, prior to the hearing of such application, and a copy of such notice must also be personally served upon the nearest relative of such insane or incompetent husband or wife, resident in this state, at least three weeks
r to su
h application: and in case there is no such relative known to the applicant, a copy of such notice must be served upon the public administrator of the county in which such community real property is situated; and in such case it is the duty of such public administrator to appear and represent the interest of such insane or incompetent person. For all such services rendered by the public administrator he must be allowed a reasonable fee, to be fixed by the court, and the same must be taxed as costs against the person making application for the order herein provided for. 1921–92.
172d. If it appears to the court that such husband or wife has been adjudged insane or incompetent, the court may make an order permitting the husband or wife, not insane or incompetent, to sell and convey, or mortgage or lease such community real property, and thereafter any sale, conveyance, mortgage or lease, made in pursuance of such order is as valid and effectual as if the property affected thereby was the absolute property of the person making such sale, conveyance, mortgage or lease. If a sale is ordered it must be reported to and confirmed by the court. 1921–92.
173, No estate is allowed the husband as tenant by curtesy upon the death of his wife, nor is any estate in dower allotted to the wife upon the death of her husband.
174. 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. 1873—193.
175. 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. 1873–193.
176. 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. 1873–194.
177. The property rights of husband and wife are governed by this chapter, unless there is a marriage settlement containing stipulations contrary thereto.
178. All contracts for marriage settlements 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.
179. When such control 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.
180. The recording or non-recording of such contract has a 'like effect as the recording or non-recording of a grant of real property.
181. A minor capable of contracting marriage may make a valid marriage settlement.
Parent and Child Chapter I. By birth.
II. By adoption.
208. of child.
Children by Birth. Section
Section 193. Legitimate children.
206. Reciprocal duties, parents 194. Same, out of wedlock.
and children. 195. Who may dispute.
207. Parents liability, necessaries 196. Parents obligation to chil
208. Same, non-liability. 196a. Support
209. Step-children, husband not 197. Custody. 198. Living separate, rights are 210. Parents supporting, compenequal.
sation. 199. Exclusive, control, decree. 211. Relinquishment, custody and 200. Custody, illegitimate child.
services, child." 201. Allowance to parent.
212. Minors' wages. 202. Control of child's property. 213. Child's residence, follows 203. Remedy, parental abuse.
parent. 204. Parental authority.
214. Wife living separate, minor 205. Deceased pa r e n t estate,
children. child's support.
215. Legitimizing children. 193. All children born in wedlock are presumed to be legitimate.
194. All children of a woman who has been married, born within ten months after the dissolution of the marriage, are presumed to be legitimate children of that marriage. 1873-194.
195. The presumption of legitimacy can be disputed only by the husband or wife, or the descendant of one or both of them. Illegitimacy, in such case, mav be proved like any other fact.
196. The parent entitled to the custody of a child must give him support and education suitable to his circumstances. If the support and education which the father of a legitimate child is able to give are inadequate, the mother must assist him to the extent of her ability.
196a. The father as well as the mother, of an illegitimate child must give him support and education suitable to his circumstances. A civil suit to enforce such obligations may be maintained in behalf of a minor illegitimate child, by his mother or guardian, and in such action the court shall have power to order and enforce performance thereof, the same as under Sections 138, 139 and 140 of the Civil Code, in a suit for divorce by a wife. 1913–218.
197. The father and mother of a legitimate unmarried minor child are equally entitled to its custody, services and earnings. If either the father or mother be dead or unable or refuse to take the custody or has abandoned his or her family, the other is entitled to its custody, services and earnings. 1913—52.
198. The husband and father, as such, has no rights superior to those of the wife and mother, in regard to the care, custody, education, and control of the children of the marriage, while such husband and wife live separate and apart from each other.
199. Without application for a divorce, the husband or the wife may bring an action for the exclusive control of the children of the marriage; and the court may, during the pendency of such action, or at the final hearing thereof, or afterwards, make such order or decree in regard to the support, care, custody, education, and control of the children of the marriage, as may be just, and in accordance with the natural rights of the parents and the best interests of the children, and may at any time thereafter, amend, vary, or modify such order or decree, as the natural rights and the interest of the parties, including the children may require.
200. The mother of an illegitimate unmarried minor is entitled to its custody, services, and earnings.
201. The proper court may direct an allowance to be made to the parent of a child, out of its property, for its past or future support and education, on such conditions as may be proper, whenever such direction is for its benefit. .
202. The parent, as such, has no control over the property of the child.
203. The abuse of parental authority is the subject of judicial cognizance in a civil action brought by the child, or by its relative within the third degree, or by the supervisors of the county where the child resides; and when the abuse is established, the child may be freed from the dominion of the parent, and the duty of support and education enforced.
204. The authority of a parent ceases:
1. Upon the appointment, by a court, of a guardian of the person of a child;
2. Upon the marriage of the child; or, 3. Upon its attaining majority.
205. If a parent chargeable with the support of a child dies, leaving it chargeable to the county, and leaving an estate sufficient for its