597.1 Property rights of married women. A married woman may own in her own right, real and personal property, acquired by descent, gift, or purchase, and manage, sell, and convey the same, and dispose thereof by will, to the same extent and in the same manner the husband can property belonging to him. [C73, §2202; […]
597.10 Abandonment of either — proceedings. In case the husband or wife abandons the other for one year, or leaves the state and is absent therefrom for such term, without providing for the maintenance and support of the family, or is confined in jail or the penitentiary for such period, the district court of the […]
597.11 Contracts and sales binding. All contracts, sales, or encumbrances made by either husband or wife under the provisions of section 597.10 shall be binding on both, and during such absence or confinement the person acting under such power may sue and be sued thereon, and for all acts done the property of both shall […]
597.12 Nonabatement of action. No action or proceedings shall abate or be affected by the return or release of the person absent or confined, but the person may be permitted to prosecute or defend jointly with the other. [C73, §2208; C97, §3159; C24, 27, 31, 35, 39, §10457; C46, 50, 54, 58, 62, 66, 71, […]
597.13 Annulment of decree. The husband or wife affected by the proceedings contemplated in sections 597.10 through 597.12 may obtain an annulment thereof, upon filing a petition and serving a notice on the person in whose favor the decree or order was granted, as in ordinary actions; but the setting aside of such decree or […]
597.14 Family expenses. The reasonable and necessary expenses of the family and the education of the children are chargeable upon the property of both husband and wife, or either of them, and in relation thereto they may be sued jointly or separately. [C51, §1455; R60, §2507; C73, §2214; C97, §3165; S13, §3165; C24, 27, 31, […]
597.15 Custody of children. If one spouse abandons the other spouse, the abandoned spouse is entitled to the custody of the minor children, unless the district court, upon application for that purpose, otherwise directs, or unless a custody decree is entered in accordance with chapter 598B. In this section “abandon” does not include: 1. The […]
597.16 Wages of married person — actions by. A married person may receive the wages for the person’s personal labor, and maintain an action therefor in the person’s own name, and hold the same in the person’s own right, and may prosecute and defend all actions for the preservation and protection of the person’s rights […]
597.17 Liability for separate debts. Neither husband nor wife is liable for the debts or liabilities of the other incurred before marriage, and, except as otherwise declared in this chapter, they are not liable for the debts of each other contracted after marriage; nor are the wages, earnings, or property of either, nor is the […]
597.18 Contracts of married person. Contracts may be made by a married person and liabilities incurred, and the same enforced by or against the person, to the same extent and in the same manner as if the person were unmarried. [C51, §1454; R60, §2506; C73, §2213; C97, §3164; C24, 27, 31, 35, 39, §10466; C46, […]
597.19 Spouse not liable for torts of other spouse. For civil injuries committed by a married person, damages may be recovered from the person alone, and the partner shall not be liable therefor, except in cases where the partner would be jointly liable if the marriage did not exist. [C73, §2205; C97, §3156; C24, 27, […]
597.2 Interest of spouse in other’s property. When property is owned by the husband or wife, the other has no interest therein which can be the subject of contract between them, nor such interest as will make the same liable for the contracts or liabilities of the one not the owner of the property, except […]
597.3 Remedy by one against the other. Should the husband or wife obtain possession or control of property belonging to the other 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 […]
597.4 Conveyances to each other. 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. [C73, §2206; C97, §3157; C24, 27, 31, 35, 39, §10449; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, […]
597.5 Attorney in fact. A husband or wife may constitute the other spouse as the husband’s or wife’s attorney in fact, to control and dispose of the husband’s or wife’s property, including the relinquishment of homestead rights and surviving spouse’s statutory share in the homestead, as provided in section 561.13, for their mutual benefit, and […]
597.6 Mental illness — conveyance of property. Where either the husband or wife is mentally ill and incapable of executing a deed or mortgage relinquishing, conveying, or encumbering the husband’s or wife’s right to the real property of the other, including the homestead, the other may petition the district court of the county of that […]
597.7 Proceedings. The petition shall be verified by the petitioner, and filed in the office of the clerk of the district court of the proper county, notice of which shall be given as in other cases. Upon completed service, the court shall appoint some responsible attorney thereof guardian for the person alleged to be mentally […]
597.8 Decree. Upon the hearing of the petition the court, if satisfied that it is made in good faith by the petitioner, and the petitioner is a proper person to exercise the power and make the conveyance or mortgage, and it is necessary and proper, shall enter a decree authorizing the execution of the conveyance […]
597.9 Conveyances — revocation. All deeds executed as provided in this chapter shall convey the interest of such person with mental illness in the real estate described, but such power shall cease and be revoked as soon as that person shall again be in good mental health and apply to the court therefor, but such […]
