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2017 Maryland Code
Family Law
Title 4 - Spouses
Subtitle 2 - Spouses' and Third Persons' Rights
§ 4-205. Right to deal with married woman as if unmarried
Universal Citation:
MD Fam L Code § 4-205 (2017)
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- (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.
- (1) A third person may take any of the following actions with or against a married woman, as if the married woman were unmarried:
- (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.
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