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§ 4-205. Husband and third parties; right to deal with married woman

West's Annotated Code of MarylandFamily Law

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 4. Spouses (Refs & Annos)
Subtitle 2. Spouses' and Third Persons' Rights (Refs & Annos)
MD Code, Family Law, § 4-205
§ 4-205. Husband and third parties; right to deal with married woman
Currentness
Husband's right
(a) A husband may sue his wife on a contract made with her, as if she were unmarried.
Rights of third person--In general
(b)(1) A third person may take any of the following actions with or against a married woman, as if the married woman were unmarried:
(i) make a contract;
(ii) sue on the contract, whether the contract was made before or during the woman's marriage;
(iii) sue for a tort, whether the woman committed the tort before or during her marriage; and
(iv) execute on a judgment.
(2) A third person may maintain an action at law or in equity against a married woman in her married name.
Rights of third person--Landlord
(c) If the rent is in arrears under a lease entered into with a married woman for a definite term or a term of years renewable forever, then, as if the woman were unmarried, the landlord may levy on goods under distress.
Rights of third person--Depositary; husband's creditor
(d)(1) A depositary that returns to a married woman money she deposited before or during her marriage is validly discharged from any obligation concerning the money by a receipt from the woman.
(2) If the deposit was made in fraud of the husband's creditors, a creditor of the husband may attach or, by injunction, restrain the payment of the money.

Credits

Added by Acts 1984, c. 296, § 2, eff. Oct. 1, 1984.
Formerly Art. 45, §§ 5, 11, 15, 17, 20.
MD Code, Family Law, § 4-205, MD FAMILY § 4-205
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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