§ 30-4-12 — Alienation or Mortgage of Lands by Wife Without Assent and Concurrence of Husband; Lease of Lands and Tenements of Wife Without Assent and Concurrence of Husband

The wife, if the husband be of sound mind and has not abandoned her, or be not a nonresident of the state, or be not imprisoned under a conviction for crime for a period of two years or more, cannot alienate or mortgage her lands or any interest therein without the assent and concurrence of the husband, the assent and concurrence of the husband to be manifested by his joining in the alienation in the mode prescribed by law for the execution of conveyances of land. But if the husband be non compos mentis, or has abandoned the wife, or is a nonresident of the state, or is imprisoned under a conviction for crime for a period of two years or more, the wife may alienate or mortgage her lands as if she were sole. Notwithstanding the foregoing provisions of the section, the wife may lease her lands and tenements or any interest therein without the assent and concurrence of the husband.

Legislative History

(Code 1886, §2348; Code 1896, §2528; Code 1907, §4494; Code 1923, §8269; Code 1940, T. 34, §73; Acts 1943, No. 445, p. 408.)