Page:United States Statutes at Large Volume 47 Part 1.djvu/1163

 72d C ONGRESS. SESS. II. CH. 128. FE BRUARY 27, 1933 . Ca oss RE FERE NCES 1139 Parent changing residence of child, see section 157. Post, p. 1144. Wife' s suppo rt of husband, see s ection 131 . Post, p. 1141. SEC. 112. IN OTHER RESPECTS THEIR INTERESTS SEPARATE .-Neither Property interests husband nor wife has any interest in the property of the other, but sep ara te. neither can be excluded from the other's dwelling. SEC. 113. HU SB AND AND WIF E MAY MA KE CONTRACTS .-Either hus- band or wife may enter into any engagement or transaction with the other, or with any other person, respecting property, which either might if unmarried ; subject, in transactions between themselves, to the general rules which control the actions of persons occupying confidential relations with each other, as defined by chapters 49 and 50 on trusts. SEC. 114. HUSBAND AND WIFE ; PROPERTY RELATIONS.-A husb and Alteration of legal and wife can not, by any contract with each other, alter their legal status. relations, except as to property, and except that they may agree, in writing, to an immediate separation, and may make provision for the support of either of_ them and of their children during such sep arat ion. Individual contrac . tual rights. Pos t, pp . 1258-1261. Caoss REFEaENCD Marriage settlements, see sections 132 to 134. Post, p.1141. SEC. 115. CONSIDERATION FOR AGREEMENT OF SEPARATION .-The mu- Consideration for agreement of separa- tual consent of t he parties is a suff icient consideration for such an Won agreement as is mentioned in section 114. SEC. 116. MAY HOLD PROPERTY How .-A husband and wife may How property may hold property by joint, interests, by interests in common, or as beheld. community property. SEC. 117 . SEPA RATE PROPE RTY OF THE WIFE .-All property of the wife, owned by her before marriage, and that acquired afterwards by gift, b equest, de vise, or d escent, wi th the ren ts, issues, and prof its thereof, is her separate property. The wife may, witho ut th e con- sent of her husband, convey her separate property. SEC. 118. SEPARATE PROPERTY OF THE H USBA ND .-All property owned by the husband before marriage, and that acquired afterwards by gift, b equest, de vise, or d escent, wi th the ren ts, issues, and prof its thereof, is his separate property. Separate property of wife. Separ ate prope rty o .' husba nd. Ca wss REFERENCES Community property, see section 202. Post, p. 1164. Commu nity pr operty liable for wh at deb ts, see sectio n 122 Post, p. 1140. Husba nd's co ntrol over co mmunity prope rty, se e secti on 128. Post, p. 1140 . Descent of community property, see sections 417 and 418. Post, p.1181. SEC. 119. PROPERTY ACQUIRED AFTER MARRIAGE .-All other property after perrjage acquired acquired after marria ge by either husband or wife, or both, i ncluding personal property whe rever situated, here tofore or hereafter acquired while 'domiciled elsewhere, which would not have been the separate property of either if acquired while residing in the Canal Zone, is community property ; but whenever personal Troperty, or any inter- est therein or encumbrance thereon, is acquired by a married woman by an instrument in writing the presumption is that the same is her separate property, and if acquired by such married woman and her husband, or by her and any other person, the presumption is that at she takes the part acquired by her, as an interest in common, unless a different intention is expressed in the instrument ; and the pre- sumptions in this section mentioned are conclusive in favor of a purchaser, encumbrancer, payor, or any other person dealing with such married woman, in good faith and for a valuable consideration.