An Act for the Benefit of Married Women.
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That the real estate, mortgages, stocks and silver plate belonging to any married woman at the time of her marriage, or to which she may become entitled at any time during her coverture, remain and continue to be her sole and separate property, and shall not be subject to the disposition of her husband by alienation, transfer, assignment or otherwise; or be liable to the debts or contracts of her husband, except where such debts are judgments recovered against him for her liabilities before marriage: Provided nothing in this section shall be construed to authorize the wife to sell or otherwise dispose of her real estate, mortgages, stocks or silver plate without her husband's consent, evidenced by writing under his hand and seal, or to authorize her what to create any incumbrance upon her real estate, or to dispose of the rents, issues and profits thereof, or the interest upon her mortgages or dividends, or other income arising from her stocks, without his consent, evidenced in the same manlier: And Provided farther, That nothing herein contained shall be construed to affect, in any manner, the rights of the husband, (if he survive the wife,) as tenant by the courtesy in the real estate of his wife.
SECTION 2. Be it farther enacted by the authority aforesaid, That if the money secured to be paid by any mortgage or mortgages belonging to any married woman shall be paid during her coverture, or if with the consent of her husband as aforesaid she shall dispose of her real estate or stock, she may, with the consent of her husband, as aforesaid, invest in her own name the money so paid upon her mortgages, or arising from the sale of her real estate or stock, in other real estate or in stocks, or loan the same on mortgage or mortgages, and such investment or loan shall be her sole and separate property and subject to all the provisions of Section 1 of this Act.
SECTION 3. And be it further enacted by the authority aforesaid, That all laws and parts of laws of this State inconsistent with the provisions of this act be and the same are hereby repealed, made null and void.
Passed at Dover, March 17, 1865.