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Session Laws, 1984
Volume 759, Page 1900   View pdf image
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1900

LAWS OF MARYLAND

Ch. 296

Also in subsection (d)(2)(i) of this section, the
former word "granted" is deleted as included in
"made".

In subsection (d)(2)(ii) of this section, "transfer"
is substituted for the former word "acquisition", for
clarity.

In subsection (d)(2)(iii) of this section, "not yet
due and matured", which formerly modified "claims", is
deleted as unnecessary.

The second sentence of Article 45, § 5, which related
to the scope of the provisions of the section that
concerned contractual relations entered into by
married or unmarried women, is deleted as unnecessary.

4-302. HUSBAND'S LIABILITY FOR NECESSARIES.

(A)  IN GENERAL.

AS AT COMMON LAW, A HUSBAND IS LIABLE FOR ANY DEBT OR
CONTRACT THAT HIS WIFE INCURS OR ENTERS INTO:

(1)  ON THE HUSBAND'S CREDIT;

(2)  AS THE HUSBAND'S AGENT; OR

(3)  FOR NECESSARIES FOR HERSELF, FOR HIS CHILDREN, OR
FOR THEIR CHILDREN.

(B)  ABUSE OF CREDIT -- PETITION.

IF A HUSBAND BELIEVES THAT HIS WIFE IS ABUSING THE PLEDGING
OF HIS CREDIT FOR NECESSARIES, HE MAY PETITION THE EQUITY COURT
FOR THE COUNTY IN WHICH HE RESIDES FOR AN APPROPRIATE ORDER.

(C)  SAME -- WIFE'S RIGHT TO COUNSEL.

(1)  IF AN ACTION IS BROUGHT AGAINST A WIFE UNDER
SUBSECTION (B) OF THIS SECTION, THE WIFE MAY HAVE COUNSEL TO
REPRESENT HER.

(2)  THE COURT SHALL ASSESS APPROPRIATE COUNSEL FEES
AGAINST THE HUSBAND.

(D)  SAME -- COURT ORDER.

THE COURT SHALL PASS AN APPROPRIATE ORDER IF THE COURT FINDS
THAT:

(1) THE WIFE IS ABUSING THE PLEDGING OF THE HUSBAND'S
CREDIT; AND

 

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Session Laws, 1984
Volume 759, Page 1900   View pdf image
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