§ 4-205. Right to deal with married woman as if unmarried

   (a) Husband's right. -- A husband may sue his wife on a contract made with her, as if she were unmarried.

(b) Rights of third person -- In general. --

   (1) A third person may take any of the following actions with or against a married woman, as if the married woman were unmarried:

      (i) make a contract;

      (ii) sue on the contract, whether the contract was made before or during the woman's marriage;

      (iii) sue for a tort, whether the woman committed the tort before or during her marriage; and

      (iv) execute on a judgment.

   (2) A third person may maintain an action at law or in equity against a married woman in her married name.

(c) Rights of third person -- Landlord. -- If the rent is in arrears under a lease entered into with a married woman for a definite term or a term of years renewable forever, then, as if the woman were unmarried, the landlord may levy on goods under distress.

(d) Rights of third person -- Depositary; husband's creditor. --

   (1) A depositary that returns to a married woman money she deposited before or during her marriage is validly discharged from any obligation concerning the money by a receipt from the woman.

   (2) If the deposit was made in fraud of the husband's creditors, a creditor of the husband may attach or, by injunction, restrain the payment of the money.

HISTORY: An. Code 1957, art. 45, § 5, 11, 15, 17, 20; 1984, ch. 296, § 2.