270 . ARTICLE 45.

ARTICLE 45.

HUSBAND AND WIFE.

	1. Wife's property not liable for hus- band's debt. Property passing from one spouse to the other may not	prejudice rights of subsisting cred- itors, but creditors must assert claims within three years.

An. Code, 1924, sec. 1. 1912, sec. 1. 1904, sec. 1. 1888, sec. 1. 1892 ch. 267.

1898, ch.. 457. 1929, ch. 398.

1. The property, real and personal, belonging to a woman at the time
of her marriage, and all the property which she may acquire or receive
after her marriage, by purchase, gift, grant, devise, bequest, descent, in
the course of distribution, by her own skill, labor or personal exertions,

or in any other manner, shall be protected from the debts of the husband,

and not in any way be liable for the payment thereof; provided, that no

acquisition of property passing from one spouse to the other, shall be valid
if the same has been made or granted in prejudice of the rights of subsist-
ing creditors, who, however, must assert their claims within three years
after the acquisition of the property, or be absolutely barred, and, for the
purpose of asserting their rights under this section, claims of creditors
not yet due and matured shall be considered as due and matured. ¹

Conveyance from husband to himself and wife, and subsequent mortgage, the
mortgagee making loan in good faith and without actual notice; in suit by judg-
ment creditor to invalidate conveyance held lien of mortgage not affected.
Notice. Estoppel. Ahrenberg v. Brown, 153 Md. 601.

Sufficiency of bill to set aside conveyance from husband to wife; demurrer.
Bradford v. Harford Bank, 145 Md. 656.

Conveyance from husband to himself for wife as tenants by the entireties, if
voluntary and without consideration, is invalid as to creditors. Subsisting cred-
itors. Fraud in law. Robbins v. Dorsey, 150 Md. 270.

2.

See notes to sec. 1.

4.

Fact that wife held property as part of her sole and separate estate during
life time, both under deed and under this section, did not bar husband's right
to his statutory share of her estate. See notes to art. 93, sec. 326. Jaworski v.
Wisniewski. 149 Md. 115.

5.

This section does not enable wife to maintain action against husband for per-
sonal tort. Furstenburg v. Purstenburg, 152 Md. 249.

¹ Sec. 2 of ch. 398 of the acts of 1929 repealed all laws inconsistent therewith.