Two people can contract to share life {marriage}.
state
Marriage is a contract that people cannot terminate at will. Only states or death can end marriage contracts. All states recognize marriage in other states, if it was legal in state where it happened.
purposes
Marriage is for family, sex, and security.
process to marry
First, go to county or city courthouse to get necessary documents. You may have to take a form to a doctor for a blood test for sexually transmitted disease and return several days later to get form. Take documents and two witnesses to justice of the peace, judge, or minister, who will perform the ceremony in five minutes and issue a marriage license. Documents are sent to county or state records office. For church weddings, a minister performs ceremony using church ritual and sends documents.
personal property
In most states, property acquired by spouse remains his or hers. In some states, spouses share community property, but spouses can acquire separate property by gift or inheritance. Property owned before marriage remains separately owned, as is all income derived from that property. Either before or after marriage, people can agree {marriage settlement} about property rights over previously owned or acquired property.
rights
In the past, husband and wife were legally one person, and wife had no property rights. Now, wife can own property, make contracts, sue, and conduct her own business. Husband owns household goods, except those suited for use only by wife.
Husband chooses residence location. Husband and wife {tenants by the entirety} {joint tenant} both own the whole of real estate, not each half the property. Both must consent to transfers of interest in real property. If one dies, the other then owns whole real property. Creditors that use joint real property as security for debts of husband or wife have no claim to joint real property if person dies.
households
Under common law, husband leads household {head of household} and has a duty to support wife and children. Husband duties include providing life necessities.
This leads to a rule {doctrine of necessaries} {necessaries doctrine}. Wives can purchase and charge to husband necessities, without his consent or knowledge. Many states include medical care, dental care, household furniture, supplies, and legal services under necessities. For luxuries, wife needs apparent or actual authorization by husband.
Wife must render free service to husband. If wife wishes to separate, husband does not have to support wife. Husband can sue for loss of his wife's services if another person injures her.
Practical Affairs>Legal Affairs>Marriage
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Date Modified: 2022.0224