596 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 and 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

Deed from husband and wife to another, who in turn makes deed to wife as
part of same transaction, suit by creditor of husband to set aside transaction
as fraudulent, must be brought within three years after recordation. U. S. F
& G. Co. v. Shoul, 161 Md. 425.

Husband's interest in rent accruing from property held by the entireties is
not subject to attachment for his debts. Banking & Trust Co. v. Neilson, 164
Md. 9.

Creditor cannot, after three years, attack conveyance of property by husband
to himself and wife as tenants by the entireties. Hertz v. Mills, 166 Md. 494.

This section referred to in construing Federal Estate Tax Law. Safe Dep.
& Tr. Co. v. Tait, 54 Fed. (2nd), 383.

2.

See notes to sec. 1.

¹ Sec. 2 of ch. 398, acts of 1929, repealed all laws inconsistent therewith.