1898

LAWS OF MARYLAND

Ch. 296

(B) NOT NOTICE TO THIRD PERSON OF PRESENT CREDITOR.

THE FACT OF THE PREVIOUS SALE, CONVEYANCE, ASSIGNMENT,
MORTGAGE, LEASE, OR DELIVERY BY THE HUSBAND, DIRECTLY OR
INDIRECTLY, TO HIS WIFE, OR THE RECITAL OF IT, IN ANY INSTRUMENT
OF WRITING, SHALL NOT BE CONSIDERED OR TAKEN AT LAW OR IN EQUITY
TO GIVE OR IMPART, NOR TO HAVE GIVEN OR IMPARTED, NOTICE TO ANY
THIRD PERSON OR THE PERSON'S HEIRS, EXECUTORS, ADMINISTRATORS, OR
ASSIGNS, OF THE EXISTENCE OR OF THE POSSIBILITY OR PROBABILITY OF
THE EXISTENCE OF ANY PRESENT CREDITOR OF THE HUSBAND.

REVISOR'S NOTE: This section formerly appeared as Article
45, § 2.

The only changes are in style.

SUBTITLE 3. SPOUSES' LIABILITIES.

4-301. PROTECTION FROM LIABILITY FOR SPOUSE'S OBLIGATIONS.

(A)  OBLIGATIONS INCURRED BEFORE MARRIAGE.

(1)  AN INDIVIDUAL IS NOT LIABLE FOR:

(I)  ANY DEBT CONTRACTED BY THE INDIVIDUAL'S
SPOUSE BEFORE THE MARRIAGE; OR

(II)  ANY CLAIM OR DEMAND AGAINST THE SPOUSE
THAT AROSE BEFORE THE MARRIAGE.

(2)  THE DEBTOR SPOUSE AND THAT SPOUSE'S PROPERTY ARE
LIABLE FOR THE DEBT AS IF THE MARRIAGE HAD NOT OCCURRED.

(B)  HUSBAND NOT LIABLE FOR WIFE'S TORTS OR CONTRACTS.
A HUSBAND IS NOT LIABLE:

(1)  FOR A TORT THAT IS COMMITTED:

(I)   SEPARATELY BY HIS WIFE; AND

(II)  WITHOUT HIS PARTICIPATION OR SANCTION; OR

(2)  ON A CONTRACT MADE BY HIS WIFE IN HER OWN NAME
AND ON HER OWN RESPONSIBILITY.

(C)  HUSBAND NOT LIABLE FOR JUDGMENT OR DECREE AGAINST WIFE.

A JUDGMENT OR DECREE IN A PROCEEDING UNDER § 4-205(B) OF
THIS TITLE SHALL:

(1)  BE PASSED AGAINST THE WIFE ONLY; AND

(2)  OPERATE ONLY ON THE PROPERTY SHE OWNED
INDIVIDUALLY BEFORE OR AFTER THE MARRIAGE.