Printable Format23-2602. Conveyances and contracts concerning property. A married person, while the marriage relation subsists, may bargain, sell and convey his or her real and personal property and enter into any contract.
History: G.S. 1868, ch. 62, § 2; R.S. 1923, 23-202; L. 1976, ch. 172, § 2; July 1.
Source or Prior Law:
23-202.
Law Review and Bar Journal References:
Interspousal immunity to personal tort, Larry A. Withers, 6 W.L.J. 199, 200 (1966).
Antenuptial torts, Peter K. Curran, 14 K.L.R. 124 (1965).
"Divorce Law: Lis Pendens, Judgment Liens, Homestead Exemptions, and Bankruptcy," John C. Peck, Shala M. Bannister and W. Thomas Gilman, 60 J.K.B.A. No. 2, 25 (1991).
"Some issues concerning the property of married persons in Kansas," John C. Peck, 68 J.K.B.A. No. 8, 18 (1999).
"Mine, Yours and Ours: Identifying and Dividing Material Property in an Action for Divorce, Separate Maintenance or Annulment," Douglas C. Cranmer and Jeffrey N. Lowe, 33 J.K.A.J., No. 5, 17 (2010).
CASE ANNOTATIONS
1. Wife liable on promissory note in satisfaction of husband's debt. Deering v. Boyle, 8 Kan. 525, 531.
2. Married woman may contract with same freedom as married man. Knaggs v. Mastin, 9 Kan. 532, 547; Miner v. Pearson, 16 Kan. 27.
3. Wife's power in disposing of property equal to husband. Munger v. Baldridge, 41 Kan. 236, 241, 21 P. 159. Questioned: Nagle v. Tieperman, 74 Kan. 32, 42, 85 P. 941, 88 P. 969.
4. Contract between husband and wife in defraud of creditors void. Dempster v. Bundy, 64 Kan. 444, 67 P. 816.
5. Coverture not ground for declaring contract of married woman invalid. Harrington v. Lowe, 73 Kan. 1, 11, 84 P. 570.
6. Husband's interest in land conveyed by wife; recovery by husband. Murray v. Murray, 102 Kan. 184, 187, 170 P. 393.
7. Cited in holding widow not bound by lease signed alone by husband. Bates v. State Savings Bank, 136 Kan. 767, 772, 18 P.2d 143.
8. Discussed in opinion awarding to nonresident one-half of deceased husband's property held in trust. Ackers v. First National Bank of Topeka, 192 Kan. 319, 326, 387 P.2d 840.