d woman to
release her dower and to convey her real estate by any conveyance
executed by herself and husband and acknowledged by a separate
examination and acknowledgment. This law was re-enacted in 1846, and was
the first law passed in the State of Iowa for the better protection of
married women. This remained the law until 1851, when an act was passed
by which she might convey her interest in real estate "the same as any
other person."
[Sidenote: Interest of either in other's property.]
When property is owned by either the husband or wife, the other has no
interest therein which can be the subject of contract between them, or
such interest as will make the same liable for the contracts or
liabilities of either the husband or wife who is not the owner of the
property, except as provided in this chapter. [Sec.3394.] The distributive
share or dower interest of each in the property of the other, is
inchoate and becomes complete only upon the death of the owner of the
property; consequently any agreement between the husband and wife
relinquishing their respective interests in each other's property,
though such agreement should be made in contemplation of separation is
invalid. Upon a dissolution of the marriage relation by divorce, the
husband and wife may contract with each other with reference to a
division of the property, provided the contract is reasonable, just and
right. A husband may pay taxes and interest on an incumbrance on a
homestead owned by his wife, but occupied by both, and may make repairs
upon the same. He may make improvements on land owned by the wife and
may expend time and labor in caring for any of her property, without
rendering such property liable for his debts, provided there is no
collusion between them and no evidence of fraud on the part of either.
A wife's property cannot be taken for her husbands debts, although it
may be in possession of the husband and the creditors have no notice of
the wife's ownership.
[Sidenote: Remedy by one against the other.]
Should either the husband or wife obtain possession or control of
property belonging to the other, either before or after marriage, the
owner of the property may maintain an action therefor, or for any right
growing out of the same, in the same manner and extent as if they were
unmarried. [Sec.3395.] If property or money belonging to the wife, but in
possession of the husband is used by him, with her knowledge and
consent, in the pa
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