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MARYLAND STATUTES AND CODES

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

§ 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. 
 

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

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