unmarried.
[Sec.3402.] The husband is entitled to the wife's labor and assistance in
the duties and obligations growing out of the marriage relation, and to
her earnings, if she is not engaged in a separate business on her own
account; but her earnings for services performed for others than her
husband or acquired in carrying on an independent business, belong to
her alone. Such earnings may be invested in property and it will be
exempt from seizure for debts of her husband.
She may bring actions for injuries to herself, whether of person,
property or reputation in the same manner as if she were unmarried. If
she suffers personal injury by which the husband is deprived of her
services or society he has a right of recovery for such loss and for
expenses for medicine and medical treatment. The wife cannot recover in
such case, unless it appears that she has expended her own money in
payment of such expenses. If, at the time of the injury she is engaged
in a separate business, and death results, the husband may still recover
for loss of society and expenses, but an action for damages can be
brought only by the administrator of her estate. Although husband or
wife may maintain an action against the other for the recovery of
property, neither has a right of action for damages sustained by the
infliction of personal injury, and this is true even though the one
inflicting the injury has been criminally convicted and fined for the
assault.
[Sidenote: Property of one not liable for debts of the other.]
Neither husband or wife is liable for the debts or liabilities of the
other incurred before marriage, and except as herein otherwise declared,
they are not liable for the separate debts of each other; nor are the
wages, earnings, or property of either, nor is the rent or income of
such property liable for the separate debts of the other [Sec.3403.] The
husband is liable for necessaries furnished the wife, upon an implied
obligation to provide for her a reasonable support. The term
"necessaries," is not confined to the supply of things actually demanded
for her sustenance, such as food, clothing and medicine, but includes
all that may be needful for her comfort and happiness according to her
rank and station in society. In determining the extent of the husband's
liability, it is always proper to consider the wife's social position
and the circumstances and condition of the family, and these will, of
course, vary in each parti
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