Page:United States Statutes at Large Volume 47 Part 1.djvu/1162

 1138 Property subject to alimony, etc ., orders. Ante, pp. 1136, 1137. When wife has suffi- cient for her support. Support, etc ., of c hil - dren from community, etc ., property. Disposition of com- muni ty pro perty. Order for. Conveyance of prop- erty equitably belong- ing to other spouse. Vol.42,p. 1010 . Resumption of maid- en, etc., name. Vol. 42, p. 1010. Decrees, etc., prior to September 21, 1922, le- gal ized. Vol. 42, p. 101L HTSBAND AND WIFE. Mutual obligations. Post, p. 1142. Post, p. 1141. Ante, p. 1133. Rights of husband. 72d C ONGRESS. SESS. II. CH. 12 8. FEBRUARY 27, 1933 . CROSS REF ERENCE Proper ty resort ed to in executing this sec tion, see section 102. SEC. 102. COURT SHALL RESORT TO WHAT, IN EXECUTING CERT AIN SECTIONS.-In executing sections 94, 96, 97, and 101, the court must resort : 1. To the community property ; then, 2. To the separate property of the husband. SEC. 103. IF WIFE HAS SUFFICIENT FOR HER SUPPORT, COURT MAY WITHHOLD ALLOWANCE .-When the wife has either a separate estate, or there is community property sufficient to give her alimony or a proper support, the court, in its discre tion, m ay with hold a ny allowance to her out of the separate property of the husband. SEC. 104. COMMUNIT Y AND SEP ARATE PR OPERTY MAY BE SUB JECTED TO SUPPORT AND EDUCATE CHILDREN .-The community property and the separate property may be subjected to the support and education of the children in su ch propo rtion s as the court deem s ju st. SEC. 10 5. DISPOSITI ON OF CO MMUNITY P ROPERTY ON DIVORCE .-In case of the dissolution of the marriage by the decree of a court of competent jurisdiction, the community property shall be assigned to the respective parties in such proportions as the court, from all the facts of the case, and the condition of the parties, may deem just. SEC. 106. SAME.-The court, in rendering a decree of divorce , must make su ch ord er for the disposition of the commumty prop- erty, as in this chapter provided, and, whenever necessary for that purpose, may order a partition or sale of the property and a division or other disposition of the proceeds. SEC. 107. COMP ELLI NG CONV EYA NCE OF PROPERTY BELONGING TO OTH ER spousE.-Whenever a divorce is granted, if it shall appear to the court that either party holds the title to property equitably belonging to the other, the court may compel conveyance thereof to the party entitled to the same, upon such terms as it shall de em equitable. (Act Cong. Sept. 21, 1922, c. 370, † 20, 42 Stat . 1010 .) SEC. 108. RESUMPTION OF MAIDEN OR FORMER HUSBAND'S NAME.- The court, upon granting to a woman a divorce from the bonds of matrimo ny, may allow her to resume her maiden name or the na me of any former husband. ( Act Cong. Sept. 21, 1922, c. 370, † 20, 42 Stat. 1010.) SEC. 109. DECREES AND ORDERS PRIOR TO SEPTEMBER 21, 1922, LEGAL- Izm.-All proceedings in the district court of the Canal Zone, wherein and whereby a decree of divorce was granted prior to Septe mber 21, 1 922, upon pers onal serv ice, or se rvic e by publication, and whe rein ot her or ders we re made affec ting th e statu s of the parties or their children, are hereby legalized. (Act Cong. Sept . 21, 1922, c. 370, † 22, 42 Stat . 1011 .) CHAPTER 6 .-HUSBAND AND WIFE S ECT ION 110. M UTUAL OBL IGATIONS OF HUSBA ND AND wIFE .-Hus- band and wife contract towards each other obligations of mutual respect, fidelity, and support. CRos s REF ERENC ES Mother aiding in support of children, see section 140. Husband's support of wife, see se ctions 129 an d 130. Husband's selection of dwelling place, etc ., see section 70. SEC. 111. RIGHTS OF HUSBAND, AS HEAD OF FAMILY .-The husband is the head of the family. He may choose any reasonable place or mode of living, and the wife must conform thereto.