SUMMARY, BY TOPIC A. CIVIL RIGHTS I.-CONTRACTS AND PROPERTY 1. Age of Majority. COMMON-LAW RULE. Twenty-one years for both sexes is the age at which infancy ceases and all disabilities of minority are removed. At that age a person becomes an adult citizen, capable at law of making valid contracts and managing his own property. PRESENT STATUS. The common-law rule is in effect in 40 States; 21 of them apply it without legislative enactment, 19 have established it by statute. A statutory rule fixing the ages of majority as 21 years for men and 18 years for women has been adopted in 9 States.1 2 A legal marriage confers majority for general private purposes on minors of both sexes in 5 States and on female minors only in 7 States. Such a marriage gives limited adult powers to all minors in 2 States and to female minors only in at least 7 States.5 Six States permit a minor who has reached a specified age to be given adult powers by court decree under some circumstances. Three States set no minimum age for the granting of such powers, the whole matter being left to the judgment of the court. 7 Exceptions for specific purposes are made by statute in a number of States, and have the effect of varying the age of majority according to the acts involved. For example, minors may be empowered to own and manage building and loan stock, open and control savings accounts, make valid labor contracts, or contract valid marriage settlements. An important general exception is the age of consent to marriage adopted in the various States. This is discussed under topic 18, page 57. 1 Ark., Idaho, Ill., Mont., Nev., N. Dak., Okla., S. Dak., Utah. 2 Fla., Iowa, Kans., La., Utah. Ala., Calif., Me., Nebr., Oreg., Tex., Wash. Ariz., Okla. Ark., D. C., Ind., Ky., Md., Minn., N. Mex. Kans., Miss., Okla. 2. Contractual Powers of Minors. COMMON-LAW RULE. Contracts. To reduce hardships for both minors and creditors, the common law permits a minor to make valid contracts for necessaries, but his contracts are subject to careful scrutiny by the courts before he is compelled to fulfill them. In general, all other contracts of a minor may be avoided by him. Conveyance of property. The general rule is that though a minor may convey his property, the transaction is voidable by him usually at his majority or within a reasonable time afterward. PRESENT STATUS. Contracts. A minor is liable for the value of necessaries furnished him, but he must actually need them and be obliged to obtain them for himself. Generally, other contracts are voidable; but in Washington a minor wife whose husband is adult is bound by her contracts, and in Indiana such a wife can make valid real estate contracts provided her husband joins in the transaction and the proper court approves it. Conveyance of property. 2 In a majority of the States a conveyance of lands by a minor is voidable, as a rule. A legally married female minor may execute a valid conveyance of her lands in eight States; a legally married minor of either sex has this power in three States. However, these exceptions permitted in the case of married minors are subject to certain protective restrictions. For example, a minimum age is established; the power is limited to a specified class of property; the transaction is made subject to court supervision; or the minor must be joined in the conveyance by parent, guardian, or adult husband. In California, North Dakota, and South Dakota a minor under 18 years of age is prohibited from making any contract relating to real property or to personal property not in his possession and control. 4 In at least 13 States the right of dower, or its statutory equivalent, may be released by a female minor. Six of these have some protective restriction such as requiring joinder of a parent if the contract is prenuptial, or court authorization of the wife's joint conveyance with her husband after marriage, and 25 set 18 years as the minimum age at which dower may be released. In 3 States a minor husband or wife may release his or her marital right in lands of the other spouse by joining him or her in the deed of conveyance. Effect of marriage on guardianship of minors.-At common law, marriage ends the guardianship of all minors as to their persons, and of female minors as to their estates, since at marriage a wife's property passes into her husband's control. This rule continues as to guardianship of the person. But in general, under existing statutes, the estates of minor wives remain. in the hands of their guardians. Exceptions to this rule have been indicated in the preceding paragraphs of this topic. 1 Ala., Calif., Ind., Maine, N. Mex., Oreg., Tex., Wash. 2 Kans., Okla., Utah. 3 Ark., D. C., Ind., Ky., Md., Mass., Mich., Minn., N. Y., Oreg., Pa., S. C., Wis. D. C., Mich. N. H., N. C., Va. 3. Property Exemptions From Seizure for Debt-Respective Rights of Men and Women. COMMON-LAW RULE. In general, exemptions depend wholly on constitutional and statutory provisions that are contrary to the rules of the common law governing the relations between debtor and creditor. PRESENT STATUS. The majority of the States grant liberal exemptions in personal and homestead property from seizure and sale for the owner's debts. Personal property. Personal property exemptions are granted alike to unmarried men and unmarried women in most States. A married person of either sex may become entitled to this protection allowed to the head of a family in practically all the States, though Georgia appears to favor a man over a woman in defining "head of a family" for exemption purposes. Both single and married persons may have exemption of wages, as allowed by statute, in at least 27 States, though a number of these grant the privilege only to debtors with specified dependents. Wage exemption in Colorado apparently is limited to married persons. Homestead. In a great majority of the States a person who is "the head of a family" as defined by law may claim a homestead exemption. This privilege applies usually to the property owned and occupied by the debtor and his family as a dwelling. Statutory limits of area or value determine the extent of the exemption in each of the States granting the privilege. As a rule the exemption does not apply to such debts as the purchase price of the property, improvements, or taxes. Since the privilege is extended for the protection of a family and not an individual, only one representative of the family may claim it. Usually the husband declares the homestead; but if he fails or refuses to do so, the wife is authorized to act. 2 Six States have no specific provision for allowing a homestead exemption to anyone; 12 States 3 apparently do not extend the privilege to unmarried persons. Some States allow an additional exemption of personal property to heads of families who do not own a homestead. Among this class of debtors in Ohio, an unmarried woman with specified dependents has the same exemption as a married person. 4 As a rule, the homestead exemption claimed by the head of a family continues after his death for the benefit of his family as against creditors. Twenty-two States grant this protection to either spouse who survives, 20 States allow it to a widow or to a widow and specified dependents. 6 Seven States make no such provision for either spouse. Exempt insurance. In a majority of the States, all or a specified part of the proceeds of insurance taken out for the benefit of the wife on the life of her husband, or, in some instances, on the life of a third person, is exempt to her from the claims of the estate or creditors of the insured. A similar provision for the benefit of the husband as to insurance on the life of the wife exists in several of these States. 1 Ala., Calif., D. C., Fla., Ind., Iowa, La., Md., Minn., Mo., Mont., Nebr., Nev., N. J.. N. Mex., N. Y., N. C., N. Dak., Okla., Oreg., Tenn., Tex., Utah, Vt., Va., W. Va., Wyo. Del., D. C., Ind., Md., Pa., R. I. Colo., Ga., Ill., Iowa, Ky., Maine, Mass., N. J., N. Mex., N. Y., Tenn., W. Va. Ala., Ark., Fla., Ga., Ky., Maine, Mass., Mich., Miss., Mo., Nev., N. J., N. Mex., Del., D. C., Ind., Md., Pa., R. I., W. Va. 4. Property of Married Woman Owned at Marriage-Ownership After Marriage. COMMON-LAW RULE. Personal property in the wife's possession at the time of marriage becomes the property of her husband. As to real property, see topic 9. PRESENT STATUS. In practically all the States, statutes are clear that a married woman retains the ownership of property belonging to her at the time of marriage. Though the statutes of five States1 are not explicit on this point, other statutes or their interpretations indicate that during the marriage a husband has no interest in his wife's premarital property. 1 Del., Ill., Ind., Ohio, Va. 5. Contractual Powers of Married Women. COMMON-LAW RULE. By marriage the legal existence of the wife is merged in that of her husband. Because of this concept of merger, she incurs a general disability to act or contract as she could have done before marriage. In general her contracts are void; she cannot contract debts creating a personal liability against her; she has no power to appoint an agent or trustee, nor to give an effective power of attorney to convey her real estate; she cannot mortgage her real estate nor convey it by her deed. She cannot make a valid transfer of personal property since it is subject to the husband's marital rights and she has no title to convey. She is unable to form a valid partnership with her husband or with others. Husband and wife are unable to contract with each other, to become surety for each other, or to convey directly to each other the legal title in lands. The wife may not become surety or guarantor for another. As a general rule, she may not sue or be sued alone. The husband cannot make a valid gift of personal property to his wife, even of her own earnings, since under the rule of identity of persons all her personal property belongs to him and is subject to the claims of his creditors. In general, the wife's contractual disabilities are not removed by the insanity or absence of the husband. A married woman may serve as administrator only if her husband consents or is joined with her in the trust. If she marries while acting as administrator or executor, her power is not extinguished, but the administration is cast upon the husband who acts in her right. She may act as executor with her husband's consent. In general, marriage does not disqualify a woman to act as guardian. She may be appointed and act as agent for a third person, but she does not thereby become subject to any personal liability. PRESENT STATUS. In every State a married woman has had restored to her by statute many of the contractual powers that she lost under commonlaw rule by marriage, particularly in regard to property set apart to her as her separate legal estate. However, it is necessary to remember that as a rule no powers are given to a married woman except those definitely expressed in the legislative acts that change her common-law status, or those declared by the courts to be implied in such acts. The extent of a married woman's contractual powers, as to both property and personal obligations, is indicated broadly for the several States in the following paragraphs: Full control. SEPARATE REAL PROPERTY Generally, a married woman of legal age acting alone has been restored to powers of contract and conveyance when dealing with third persons in regard to her real estate, to the following extent: Twenty-two States give a wife full power to mortgage, convey, or contract concerning her separate real property. (However, see topic 3 as to conveyance of homestead property.) 1 Connecticut gives this power to a woman who has married since 1877. Vermont grants it to a wife whose real property was acquired after February 13, 1919, or acquired before that year under an instrument declaring the property to be "to her sole and separate use.' Georgia allows a wife free disposition of her real property except to her husband or trustee. Limited control. 2 3 In 25 States a married woman has restricted powers of conveyance of her separate real property; that is, under circumstances specified in the statutes of the several States, her husband must join in her mortgages and deeds. Seven of these jurisdictions 3 declare that a wife may not convey her real property, unless her husband joins in the transaction, while the husband may convey his, subject to the wife's right if she outlives him. Maine and Vermont require the husband's joinder in the wife's conveyance of a limited class of real property. Conveyances between husband and wife. 4 Eleven States expressly permit direct conveyance of real property between spouses. Sixteen States place certain restrictions on this class of transfers, usually in behalf of creditors or other interested third persons. The remaining 22 States apparently do not authorize such conveyances. Special form of conveyance. Delaware and North Carolina require a wife's deed to have her separate acknowledgment, and require official certification to her state 320029°-41-7 |
