yment of debts incurred for family expenses, or for
other purposes connected with the support of the family, she cannot
recover for the same, in the absence of an express agreement on his part
to repay her. If a wife advances money or property to her husband to be
used as he may choose, the presumption is that she does so in view of
the mutual benefits which may accrue from the advancement and she cannot
recover the same unless there is an agreement for its repayment.
[Sidenote: Husband not liable for wife's torts.]
For all civil injuries committed by a married woman, damages may be
recovered from her alone, and her husband shall not be responsible
therefor except in cases where he would be jointly responsible with her
if the marriage did not exist [Sec.3396.] This statute abrogates the rule
of the common law, making a husband responsible for civil injuries
committed by his wife. The common law presumption that criminal acts
done in the presence of the husband were by compulsion, is still
recognized in this State but may be overcome by proof to the contrary.
[Sidenote: Conveyances to each other valid.]
[Sidenote: Conveyances to third parties.]
A conveyance, transfer or lien executed by either husband or wife, to or
in favor of the other shall be valid to the same extent as between other
persons [Sec.3397.] When the rights of creditors might be prejudiced by
transfers of property between husband and wife, such transactions will
be closely scrutinized, and the utmost good faith must plainly appear,
but where no fraudulent intention is shown they will be upheld if based
upon an adequate consideration. If a conveyance is made by the husband
to the wife when the husband is largely indebted and insolvent, such
conveyance is presumptively fraudulent, but a conveyance to a wife in
payment of a valid claim, even though made at a time when the husband is
largely indebted to others, will not be considered fraudulent the wife
having the same right as other creditors to obtain payment. All
contracts between husband and wife where no other consideration appears
than an agreement to perform some duty already incumbent upon the
parties, because of their relations as husband and wife, are against
public policy, and will not be enforced in law. Such, for example, as a
promise by the husband to pay money to the wife to induce her to live
with him, when she has no legal ground for not living with him; or an
agreement to allow the
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