Montana Statutes

§ 40-2-301 — Husband And Wife May Contract

Montana·Title 40 FAMILY LAW·Ch. 2 HUSBAND AND WIFE·Part 3 Power of Married Persons to Contract
40-2-301 . Husband and wife may contract. Either husband or wife may enter into any engagement or transaction with the other or with any other person respecting property which either might, if unmarried, subject in transactions between themselves to the general rules which control the actions of persons occupying confidential relations with each other, as defined by the provisions of this code relative to trusts.

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Legislative History

En. Sec. 214, Civ. C. 1895; re-en. Sec. 3694, Rev. C. 1907; re-en. Sec. 5786, R.C.M. 1921; Cal. Civ. C. Sec. 158; Field Civ. C. Sec. 79; re-en. Sec. 5786, R.C.M. 1935; R.C.M. 1947, 36-105.

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