is entitled to the whole estate, both real and personal, as to
separate property.
In addition to such provision, one-half of the community property
passes to the widow or widower if there are one or more children and
the whole of such property if there are no lineal descendants. A widow
or widower is also entitled to retain a homestead not exceeding $5,000
in value. If either husband or wife die without a will or become
insane, and there are no living descendants, and the other party to
the marriage has no separate estate, the community property passes to
the survivor without an administration, unless there is a guardianship
by the State of the insane spouse. If, however, there are descendants,
the survivor has the exclusive management of the community property. A
woman loses this right if she contract another marriage. In the event
of the insane person being restored to a sound mental condition, an
accounting of such property must be rendered.
The property which a woman owns at marriage, or acquires by gift,
devise or descent afterward, remains her separate estate, but passes
under the absolute control of the husband, except that he can not sell
it without her consent.
The wife can not sell her separate property without the husband's
consent. He may sell his separate property without hers.
He may also sell the community property, except the homestead, without
her consent.
The wife must sue and be sued jointly with her husband in regard to
her separate property, and all other matters.
The wages of the wife belong to the husband as part of the community
property, whether she is living with him or separate from him.
Divorce is granted to the husband if the wife commit a single act of
adultery; to the wife, only if the husband has abandoned her and lived
in adultery with another. The law places the division of the property
entirely in the hands of the judge, but provides that "nothing herein
contained shall be construed to compel either party to divest himself
or herself of real estate." Supreme Court decisions have laid down the
general rule that separate property shall be restored to its owner.
Where there are no children the community property may be divided as
in case of death. The court, however, may make such provision as it
deems essential for the support of wife or children or an invalid
husband. If necessary it may place separate or community property in
the hands of trustees, the rents and profits
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