1890

LAWS OF MARYLAND

Ch. 296

REVISOR'S NOTE: This section is new language derived
without substantive change from former CJ § 5-301(c).

TITLE 4. SPOUSES.

SUBTITLE 1. DEFINITION.

4-101. "SECRETARY" DEFINED.

IN THIS TITLE, "SECRETARY" MEANS THE SECRETARY OF HUMAN
RESOURCES.

REVISOR'S NOTE: This section is new language added to avoid
repetition of the full title "Secretary of Human
Resources".

SUBTITLE 2. SPOUSES' AND THIRD PERSONS' RIGHTS.

4-201. DOMICILE.

(A)   INDEPENDENT DOMICILE.

A SPOUSE MAY HAVE A DOMICILE THAT IS DIFFERENT FROM THE
DOMICILE OF THE OTHER SPOUSE.

(B)  DETERMINATION OF DOMICILE.

THE DOMICILE OF EACH SPOUSE SHALL BE DETERMINED BY THE SAME
FACTORS USED TO DETERMINE THE DOMICILE OF ANY INDIVIDUAL WHO IS
CAPABLE OF HAVING AN INDEPENDENT DOMICILE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article 16, §
29.

INTRODUCTORY GENERAL REVISOR'S NOTE TO §§ 4-202 THROUGH 4-301:

Sections 4-202 through 4-301 of this title, which formerly
appeared as Article 45, §§ 1 through 20 of the Code, are the
Married Women's Property Acts. The purpose for which these acts
were intended was to reduce or eliminate the common law
disabilities of married women.

At common law, an unmarried woman had extensive legal
rights. She could hold and use property, make contracts, and sue
or be sued. However, on marriage, her personal property,
including property she acquired during the marriage, became her
husband's. The use of the wife's estate of inheritance in land
belonged to her husband during the marriage, and, although the
wife retained her ownership in the property, she could not convey
the interest without her husband's consent. The husband,
however, could convey his interest without his wife's consent.
Land in which the wife held a life estate was the husband's, in
his wife's right, and he was entitled to its use, rents, and
profits. Land in which the wife had a leasehold interest or a