Married Women's Property Act of Nebraska (1871)

An Act Respecting the Rights of Married Women

Be it enacted by the Legislature of the State of Nebraska,

Section 1. That the property, real and personal, which any woman in this State may own at the time of her marriage, and the rents, issues, profits, or proceeds thereof, and any real, personal, or mixed property which shall come to her by descent, device, or bequest, or the gift of any person except her husband shall remain her sole and separate property, notwithstanding her marriage, and not be subject to the disposal of her husband, or liable for his debts.

Sec. 2. A married woman, while the marriage relation subsists, may bargain, sell and convey her real and personal property, and enter into any contract with reference to the same in the same manner, to the same extent, and with like effect as a married man may in relation to his real and personal property.

Sec. 3. A woman may while married sue and be sued in the same manner as if she were unmarried.

Sec. 4. Any married woman may carry on trade or business and perform any labor or services on her sole and separate account, and the earnings of any married woman from her trade, business, labor, or services shall be her sole and separate property, and may be used and invested by her in her own name.

Sec. 5. Any woman who shall have been married out of this State shall, if her husband afterwards becomes a resident of this State, enjoy all the rights as to property which she may have acquired by the laws of any other State, Territory, or Country, or which she may have acquired by virtue of any marriage contract or settlement made out of this State.

Sec. 6. Nothing in this act contained shall invalidate any marriage settlement or contract now made or to be made hereafter.

Sec. 7. This act shall take effect from and after June 1st, 1871.

Approved, March 1, 1871.