Spain and Mexico, civil-law nations, influenced the way property regulations created in brand new west United states. Very early area property rules is enacted in this region. One of many basic states of distinction between the wife’s separate possessions and preferred house is on the Ca Constitution of 1849: Point fourteen: “All of the possessions, each other real and private, of wife, possessed or advertised of the her ahead of marriage, and that received afterwards because of the provide, devise, otherwise descent, will likely be her independent possessions; and rules would be enacted significantly more obviously identifying the legal rights away from brand new spouse in family relations also so you’re able to their own independent assets, as to you to stored in common with her partner.” 33
Although the claims introduced guidelines naming marital property because society assets, husbands were the ones who treated and you can discarded the house or property.
Only if brand new partner passed away was new wife permitted to carry out the property, since this 1879 Colorado rules depicts:
2181. This new surviving partner get keep up with the exclusive management, manage and you can temper of area property of by herself and her age style, and you will susceptible to a similar rights, regulations and rules due to the fact given in the case of a surviving partner, until she get get married once again. . . . .
2852. Most of the possessions acquired of the sometimes wife or husband for the relationships apart from which is received from the provide, develop or descent will be deemed the average assets of the husband and wife, and you can during the coverture is generally discarded from the spouse simply. 34
Artwork
James Gibson. Cumberland Landing, Virtual assistant. Band of “contrabands” in the Foller’s domestic. 1862.ادامه خواندن