Page:History of Woman Suffrage Volume 4.djvu/567

 is subject to her testamentary disposition, or, if she makes none, it passes to her heirs.

A homestead to the value of $5,000, which must continuously be occupied by the family, may be selected from the community property, or from the husband's separate estate, or from the wife's with her consent. If from the first-named it belongs to the survivor, if from the separate property it descends to his or her heirs, subject to the power of the court to assign it to the family for a limited period. During marriage it can not be mortgaged or conveyed without the signature of both. In case of divorce, if it has been selected from community property, it may be assigned to the innocent party absolutely or for a limited time, or it may be sold and the proceeds divided, according to decree. If selected from separate property it shall be returned to the former owner, but the court may assign it for a limited time to the innocent party.

In 1897 a law was passed that if the estate is less than $1,500 it shall be assigned to the widow, subject to incumbrances, funeral charges and expenses of settlement.

Separate property consists in what was possessed before marriage or is received by gift or inheritance afterwards. If the deceased leave wife or husband and only one child, or the lawful issue of one, the separate estate is divided in equal shares. If there be more than one child or the issue of one, the widow or widower is entitled to one-third. If there is no issue the survivor takes one-half and the other half goes to the father, mother, brothers and sisters of the deceased. If none exists, the survivor is entitled to the whole estate.

Either husband or wife may dispose of separate property without the consent of the other. Until 1894 it rested upon the wife to prove that property was her separate possession, but now the proof rests upon the contestants. Until 1897 she was compelled to prove that it was not paid for with community earnings. Neither of these recent laws applies to property acquired previous to May 19, 1880.

A married woman may be administrator or executor. (1891.)

The wife may engage in business as sole trader and her husband is not liable for her contracts, but her earnings, and also