Married women nc

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Married women nc 1, Report for North Carolina. United States. Women's Bureau Funding from the Institute for Museum and Library Services supported the electronic publication of this title. Text transcribed by Apex Data Services, Inc. The text has been entered using double-keying and verified against the original. Original grammar, punctuation, and spelling have been preserved.

Encountered typographical errors have been preserved, and appear in red type. All footnotes are inserted at the point of reference within paragraphs. Any hyphens occurring in line breaks have been removed, and the trailing part of a word has been ed to the preceding line. All quotation marks, em dashes and ampersand have been transcribed as entity references. All double right and left quotation marks are encoded as " and " respectively. All single right and left quotation marks are encoded as ' and ' respectively.

All em dashes are encoded as -- Indentation in lines has not been preserved. Running titles have not been preserved. Married women -- Legal status, laws, etc. Women's rights -- North Carolina. Women -- North Carolina. For sale by the Superintendent of Documents, Washington, D. The report is based on an original search of, and compilation from, the Constitutions, official statutes, and related decisions of courts of last resort of the Federal Government and the several States, as well as pertinent law texts of recognized authority. This pamphlet presents a digest of the material compiled for a single State, which later will be incorporated in the complete report.

A copy of a preliminary summary of the incomplete report for the United States was sent by the Women's Bureau, at the request of the Secretary of Labor, to the Secretary of State for transmission to the Secretary-General of the League of Nations. A mimeographed copy of this preliminary summary can be obtained from the Women's Bureau. This is a section of a full report, now in progress, to include all the States, a type of information for which the Women's Bureau has had repeated requests.

A preliminary report, including complete material for some States, partial information for others, has been sent to Geneva by the Secretary of State in response to a request from the Secretary-General of the League of Nations. The section for each State represents a thorough search of statutes and decisions of appellate courts construing statutes or establishing judicial policy.

These studies are the work of Sara L. Buchanan, of the Women's Bureau research staff and member of the bar of Mississippi and the District of Columbia, under the general direction of Mary Elizabeth Pidgeon, chief of the research division. Miss Buchanan was assisted by Mary Loretta Sullivan. After completion of the report for each State, the material was sent for approval or suggestions by competent persons within the State. Age of Majority.

Contractual Powers of Minors. Contractual Powers of Married Women. Liability of Married Woman for Family Necessaries. Age of Consent Married women nc Marriage--Men and Women. Validity of Common-Law Marriage. Interstate Cooperation in Marriage Law Enforcement. Grounds for Divorce--Respective Availability to Spouses. vi III. Domicile of Married Women. Public Office--Eligibility of Women. Jury Service--Eligibility of Women.

The common-law rules of property sprang from various causes, notably tradition, military or economic exigency, natural male dominance, and the social status of women. Shifts in these have effected an almost complete overturn in laws governing the property owned by a woman prior to her marriage and that coming into her individual ownership after her marriage, by gift, inheritance, will, or Married women nc from her premarital possessions.

In general, it has been the rule that where specific statutes abrogating them have not been enacted, common-law principles apply. In the century just past, much ground has been covered in superseding by specific laws the old common-law injustices to women. The largest remaining area to be reformed to the present-day trend lies in the matter of ownership and control of property acquired by the efforts of husband and wife after marriage.

The material considered centers largely around the woman in the marriage relation, since at the present time the legal status of the unmarried woman is practically identical with that of the unmarried man, with the exception of discriminations occurring in some States in certain political privileges such as jury service, election or appointment to public officeor variance between men and women in the statutory age of majority or age of consent to marriage, or rights of property exemptions from seizure for debt. North Carolina Code ofAnnotated, Michie.

North Carolina Reports. Southeastern Reporter. Code section references are likewise in parentheses, thus sec. Case citations, definitely construing statutes or declaring judicial policy in the absence of express statutory provision, are indicated by numerical footnote references, and appear immediately after the related paragraphs. Cases showing historical development of a statute or policy are followed by the abbreviation Hist. Subject headings are preceded by s, which remain constant for their respective topics through the entire State series.

Cross references among topics employ these s for brevity, as "See 6," which refers to the subject heading "Separate Earnings of Married Woman--Ownership and Control. The age of majority for men and women is 21 years, by rule of common law, which operates in the absence of express statute. See sectionCode; also Price v. SlagleN. Except for necessaries or contracts authorized by statute, an infant may avoid his contracts concerning personalty either during his minority or on coming of age, if he acts promptly.

On such avoidance, he may recover the consideration paid by him either in money or property, with the limitation that he must restore the consideration received if he still has it in hand, or Married women nc or for the value of property in which it has been invested, if still under his control and ownership. HarrisN. The deed of an infant is voidable, not void, and if he does not wish to be bound he must repudiate it within a reasonable time after becoming of age.

Under the North Carolina decisions, this period is fixed at 3 years. UtterN. Minors from the age of 12 years may own shares in building and loan associations with all the rights and liabilities of an adult in regard to such ownership sec. Minors may not serve as executors or administrators sec. All married persons under the age of 21 years have the same privilege to renounce dower rights and rights of curtesy and to give written assent to conveyances of real property as have married persons 21 years old and over sec.

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Married women under the age Married women nc 21 years may renounce dower rights in the "home site" as if they were married women of full age Supp. Personal property. The earnings of the debtor for personal services, at any time within 60 days next preceding a court order to seize property in satisfaction of a judgment, are exempt, if it is shown by the debtor's affidavit or otherwise that these earnings are necessary for the use of a family supported wholly or partly by his labor sec.

The husband may insure his own life for the sole use and benefit of his wife and children, and at his death the proceeds are to be paid over to the wife and children, or guardian for any under age, free from all claims of the husband's representatives or creditors. Nor is the policy subject to claims of the insured's creditors during his life, if the insurance was issued for the sole use and benefit of the wife and children, or wife, or children Const.

The statutes exempt the proceeds of group insurance policies sec. The allotted homestead is exempt as long as it is owned and occupied by the homesteader or by anyone for him, but a valid conveyance of it destroys the exemption as to liens attaching prior to the conveyance. The homesteader who has conveyed his allotted homestead may have another allotted, and as often as is necessary sec. Adler98 N. RussosN.

If the owner of a homestead dies, leaving a widow but no children, the homestead is exempt from the debts of her husband, and the rents and profits from it inure to her benefit during the widowhood, unless she is the owner of a homestead in her own right Const. When a person entitled to the homestead exemption dies Married women nc having it set apart, and leaves no children, his widow may 5 proceed to have the homestead allotted. If she fails to do so and claim is made against the real estate for debts and charges of administration, the court must appoint appraisers to set a homestead apart for her sec.

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But the widow is not entitled to the homestead exemption against the heirs at law, if the husband dies without creditors, 3 3 Caudle v. MorrisN. CherryN. No deed of the owner conveying the homestead is valid without the wife's voluntary ature and assent, "ified on her private examination according to law" Const.

ColeN. See also provision as to "home site" in The real and personal property of any female in this State acquired before marriage remains her separate property after marriage Const. See also 9. Except as to contracts with her husband in which certain statutory forms must still be observed [see the following paragraph], and except in conveyances of her real estate, in which case her examination separate and apart must still be taken and her husband's written consent obtained, a married woman can make any and all contracts, "so as to affect her real and personal property in the same manner and with the same effect as if she were unmarried" sec.

DailN. BundyN. No contract between husband and wife made during marriage is valid to affect or change the wife's real estate or its income for a period longer than 3 years from the contract date, or to impair or change the body or capital of the wife's personal estate or its income, for a like period of Married women nc, unless the contract is in writing and proved as required for land conveyances.

The officer who takes the wife's acknowledgment separate and apart from her husband, must certify that the wife's execution of the contract is voluntary and with her free consent, and that the terms of the contract are "not unreasonable or injurious to her" sec. A married woman can make a valid conveyance of her real estate only with her husband's written consent Const. She can make a valid deed to her husband by complying with the provisions of section UtleyN. These statutes drew pungent comment from the late Chief Justice Clark, of the North Carolina Supreme Court, in a special concurring opinion in Warren v.

Dail, N. With that exception there is no restraint upon the contracting powers of married women. There is a further restriction in Married women nc privy examination of the wife, which is still required in North Carolina. Whether this requirement is a greater reflection on the honesty of the husband or on the competency of the wife is an open question.

Contracts between husband and wife which are not forbidden by the statutory provisions of section and not inconsistent with public policy are valid. Any persons of full age about to be married, and, subject to sectionany married person, may release and quitclaim dower, tenancy by the curtesy, and all other rights which they might respectively acquire or may have acquired by marriage in the property of each other sec.

Bank deposits made by or in the name of a married woman may be paid only to her or on her order sec. A married woman has all the powers, rights, and liabilities of an unmarried Married women nc in ownership and control of shares in building and loan associations sec.

She may, in her own name or in the name of a trustee with his assent, "cause to be insured for any definite time the life of her husband, for her sole and separate use, and she may dispose of the interest by will, notwithstanding her coverture" sec. The indorsement or asment of a negotiable instrument by "a corporation, an infant, or married woman passes the property therein, notwithstanding that from want of capacity the corporation, infant, or married woman may incur no liability thereon" sec. EdwardsN.

Married women nc

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Taxation; Individual Income Tax; Domicil; Married Women