2021 Georgia Code
Title 19 - Domestic Relations
Chapter 3 - Marriage Generally
Article 1 - General Provisions
§ 19-3-10. Right of Married Persons to Contract; Presumptions
A married person may make contracts with other persons; but, when a transaction between a husband and wife is attacked for fraud by the creditors of either, the onus shall be on the husband and wife to show that the transaction was fair. If a husband or a wife has a separate estate and purchases property from persons other than his or her spouse, the onus shall be upon a creditor levying on such property as the property of the other spouse to show fraud or to show that the husband or wife did not have the means with which to purchase the property.
(Civil Code 1895, § 2492; Civil Code 1910, § 3011; Code 1933, § 53-505; Ga. L. 1979, p. 466, § 35.)
Cross references.- Acts void as against creditors, § 18-2-20 et seq.
Law reviews.- For article, "Preparing the Georgia Farmer (or Other Small Entrepreneur) for Bankruptcy," see 22 Ga. State Bar J. 186 (1986).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Transactions
- Fraud
- Evidence
RESEARCH REFERENCES
Am. Jur. 2d.
- 37 Am. Jur. 2d, Fraudulent Conveyances and Transfers, § 206. 41 Am. Jur. 2d, Husband and Wife, § 52 et seq.
C.J.S.- 37 C.J.S., Fraudulent Conveyances, § 121. 41 C.J.S., Husband and Wife, § 60 et seq.
ALR.
- Conflict of laws as to capacity of married women to contract, 18 A.L.R. 1516; 71 A.L.R. 744.
Validity of partnership agreement between husband and wife, 20 A.L.R. 1304; 38 A.L.R. 1264; 157 A.L.R. 652.
Conveyance pursuant to antenuptial agreement as fraud on creditors, 41 A.L.R. 1163.
Liability of married woman for articles purchased by her for which husband is not liable, 114 A.L.R. 910.
Liability of married woman or her estate for fees of real estate broker, 117 A.L.R. 752.
Spouse's acceptance or retention of benefits of other spouse's fraudulent act as ratification of transaction, 82 A.L.R.3d 625.
Separation agreements: enforceability of provision affecting property rights upon death of one party prior to final judgment of divorce, 67 A.L.R.4th 237.
