37:2-9 - Action by married woman for torts without joining husband
37:2-9. Action by married woman for torts without joining husband
Any married woman may maintain an action in her own name, without joining her husband therein, for all torts committed against her, or her separate property, in the same manner as she lawfully might if a feme sole, and the nonjoinder of the husband shall not be pleaded in any such action. In any such action the husband may join his claim for any damages he may have sustained in connection with or growing out of the injury for which his wife brings her action; but his failure to join shall not prevent him from maintaining a separate action for such damages.
This section shall not be so construed as to interfere with or take away any right of action provided by law for the torts mentioned herein.
Amended by L.1953, c. 34, p. 602, s. 4, eff. March 19, 1953.