451.290. Wife deemed femme sole, when.
Wife deemed femme sole, when.
451.290. A married woman shall be deemed a femme sole so faras to enable her to carry on and transact business on her ownaccount, to contract and be contracted with, to sue and be sued,and to enforce and have enforced against her property suchjudgments as may be rendered for or against her, and may sue andbe sued at law or in equity, with or without her husband beingjoined as a party; provided, a married woman may invoke allexemption and homestead laws now or hereafter in force for theprotection of personal and real property owned by the head of afamily, except in cases where the husband has claimed suchexemption and homestead rights for the protection of his ownproperty.
(RSMo 1939 § 3385)Prior revisions: 1929 § 2998; 1919 § 7323; 1909 § 8304
CROSS REFERENCES:
Damages for torts of married women, who liable, RSMo 537.040
Estate of wife conveyed and dower relinquished, how, covenant, when binding on wife or husband, RSMo 442.030
Married woman may insure life of husband, RSMo 376.530
Power of attorney to convey married woman's estate, how executed, RSMo 442.050
(1955) Wife held entitled to sue husband under § 451.250 for premarital personal tort committed by him in automobile accident. Hamilton v. Fulkerson (Mo.), 285 S.W.2d 642.
(1957) Wife may sue her husband who abandoned her without her fault to recover value of her necessities which she provided herself and may also sue him for conversion of her personal property. Smith v. Smith (A.), 300 S.W.2d 275.
(1957) Wife held entitled to sue administrator of deceased husband for personal injuries resulting from negligence of husband during coverture. Ennis v. Truhitte (Mo.), 306 S.W.2d 549.
(1959) One spouse cannot maintain civil action for damages against the other for personal injuries resulting from negligent acts committed during the marriage. Browner v. Browner (Mo.), 327 S.W.2d 808. Deatheridge v. Deatheridge (Mo.), 328 S.W.2d 624.
(1960) Recovery allowed in action by minor child for personal injuries and by father for medical bills and loss of earnings of minor child resulting from alleged negligence of defendant's intestate, the child's mother, in operation of motor vehicle. Doctrine of introfamily immunity from suit expired upon death of mother and wife and did not extend to decedent's estate, Brennecke v. Kilpatrick (Mo.), 336 S.W.2d 68.
(1963) Wife allowed to recover in action for damages for loss of consortium caused by defendant's negligent injury of her husband. Novak v. Kansas City Transit, Inc. (Mo.), 365 S.W.2d 539, overruling Bernhardt v. Perry, 276 (Mo.), 612, 208 S.W. 462.
(1972) After divorce, a former wife may not recover damages from her former husband for a wrongful act committed during marriage. Ebel v. Ferguson (Mo.), 478 S.W.2d 334.
(1986) The court abolished the doctrine of interspousal immunity as a bar to claims for intentional torts. Townsend v. Townsend (Mo.), 708 S.W.2d 646.
(1986) The doctrine of spousal immunity is no longer available as a bar to negligence actions. S.A.V. v. K.G.V. (Mo.), 708 S.W.2d 651.