has any cause of action for divorce as provided in section ninety-two of this code, she may, without applying for a divorce, maintain in the superior court an action against him for permanent support and maintenance of herself or of herself and children. During the pendency of such action the court may, in its discretion, require the husband to pay as alimony any money necessary for the prosecution of the action and for support and maintenance, and execution may issue therefor in the discretion of the court. The final judgment in such action may be enforced by the court by such order or orders as in its discretion it may from time to time deem necessary, and such order or orders may be varied, altered, or revoked at the discretion of the court. [Amended March 1, 1907.]

Orders respecting custody of children.

§ 138. In actions for divorce the court may, [1] during the pendency of the action, or [2] at the final hearing or [3] at any time thereafter during the minority of any of the children of the marriage, make such order for the custody, care, education, maintenance and support of such minor children as may seem necessary or proper, and may at any time modify or vacate the same. [Amended March 3, 1905.]

Support of wife and children on divorce or separation granted to wife.

§ 139. Where a divorce is granted for an offense of the husband, the court may compel him [1] to provide for the maintenance of the children of the marriage, and [2] to make such suitable allowance to the wife for her support, [a] during her life, or [b] for a shorter period, as the court may deem just, having regard to the circumstances of the parties respectively; and the court may, from time to time, modify its orders in these respects.

Security for maintenance and alimony.

§ 140. The court may require the husband to give reasonable security for providing [1] maintenance or [2] making any payments required under the provisions of this chapter, and may enforce the same [a] by the appointment of a receiver, or [b] by any other remedy applicable to the case. Court shall resort to what.

$ 141. In executing the five preceding sections the court must resort: 1. To the community property; then,

2. To the separate property of the husband.

If wife has sufficient for her support.

§ 142. When the wife has either a separate estate, or there is community property sufficient to give her alimony or a proper support, the court, in its discretion, may withhold any allowance to her out of the separate property of the husband.

Community and separate property.

§ 143. The community property and the separate property may be subjected to the support and education of the children in such proportions as the court deems just.

Legitimacy of issue.

$144. When a divorce is granted for the adultery of the husband, the legitimacy of children of the marriage begotten of the wife before the commencement of the action is not affected.

§ 145. When a divorce is granted for the adultery of the wife, the legitimacy of children begotten of her before the commission of the adultery is not affected; but the legitimacy of other children of the wife may be determined by the court, upon the evidence in the case.

Disposition of community property.

§ 146. In case of the dissolution of the marriage by the decree of a court of competent jurisdiction, the community property, and the homestead, shall be assigned as follows:

1. If the decree be rendered on the ground of adultery, or extreme cruelty, the community property shall be assigned to the respective parties in such proportions as the court, from all the facts of the case, and the condition of the parties, may deem just.

2. If the decree be rendered on any other ground than that of adultery or extreme cruelty, the community property shall be equally divided between the parties.

3. If a homestead has been selected from the community property, it may be assigned to the innocent party, either absolutely or for a limited period, subject, in the latter case, to the future disposition of the court, or it may, in the discretion of the court, be divided, or be sold and the proceeds divided.

4. If a homestead has been selected from the separate property of either, it shall be assigned to the former owner of such property, subject to the power of the court to assign it for a limited period to the innocent party. [Amended March 30, 1874.]

$147. The court, in rendering a decree of divorce, must make such order for the disposition of the community property, and of the homestead, as in this chapter provided, and whenever necessary for that purpose, may order a partition or sale of the property and a division or other disposition of the proceeds. [Amended March 30, 1874.]

§ 148. The disposition of the community property, and of the homestead, as above provided, is subject to revision on appeal in all particulars, including those which are stated to be in the discretion of the court. [Amended March 30, 1874.]

Mutual obligations.

HUSBAND AND WIFE.

8155. Husband and wife contract towards each other obligations of mutual respect, fidelity, and support.

Rights of husband.

$156. The husband is the head of the family. He may choose any reasonable place or mode of living, and the wife must conform thereto.

In other respects their interests separate.

$157. Neither husband nor wife has any interest in the property of the other, but neither can be excluded from the other's dwelling.

Husband and wife may make contracts.

$158. Either husband or wife may enter into any engagement or transaction with the other, or with any other person, respecting property, which either might if unmarried; subject, in transactions between themselves, to the general rules which control the actions of persons occupying confidential relations with each other, as defined by the title on trusts. How far may alter their legal relations.

§ 159. A husband and wife can not, by any contract with each other, alter their legal relations, except [1] as to property, and except that [2] they may agree, in writing, to an immediate separation, and may [3] make provision for the support of [a] either of them and of [b] their children during such separation. [Amended March 30, 1874.]

Consideration for agreement of separation.

§ 160. The mutual consent of the parties is a sufficient consideration for such an agreement as is mentioned in the last section.

May be joint tenants.

§ 161. A husband and wife may hold property as joint tenants, tenants in common, or as community property.

Separate property of the wife.

§ 162. All property of the wife, [1] owned by her before marriage, and that [2] acquired afterwards by gift, bequest, devise, or descent, with [3] the rents, issues, and profits thereof, is her separate property. The wife may, without the consent of her husband, convey her separate property. Separate property of the husband.

§ 163. All property [1] owned by the husband before marriage, and that [2] acquired afterwards by gift, bequest, devise, or descent, with [3] the rents, issues, and profits thereof, is his separate property.

Community property.

§ 164. All other property acquired after marriage by either husband or wife, or both, is community property; but whenever any property is conveyed to a married woman by an instrument in writing, the presumption is that the title is thereby vested in her as her separate property. And in case the conveyance be to such married woman and to her husband, or to her and any other person, the presumption is that the married woman takes the part conveyed to her, as tenant in common, unless a different intention is expressed in the instrument, and the presumption in this section mentioned is conclusive in favor of a purchaser or encumbrancer in good faith and for a valuable consideration. And in cases where married women have conveyed, or shall hereafter convey, real property which they acquired

prior to May nineteenth, eighteen hundred and eighty-nine, the husbands, or their heirs or assigns, of such married women, shall be barred from commencing or maintaining any action to show that said real property was community property, or to recover said real property, as follows: [1] As to conveyances heretofore made, from and after one year from the date of the taking effect of this act; and [2] as to conveyances hereafter made, from and after one year from the filing for record in the recorder's office of such conveyances, respectively. [Amended March 4, 1897.]

Inventory of separate property of wife.

§ 165. A full and complete inventory of the separate personal property of the wife may be made out and signed by her, acknowledged or proved in the manner required by law for the acknowledgment or proof of a grant of real property by an unmarried woman, and recorded in the office of the recorder of the county in which the parties reside.

Filing inventory notice of wife's title.

§ 166. The filing of the inventory in the recorder's office is notice and prima facie evidence of the title of the wife. [Amended March 30, 1874.] Community property, contracts by wife.

§ 167. The property of the community is not liable for the contracts of of the wife, made after marriage, unless secured by a pledge or mortgage thereof executed by the husband. [Amended March 30, 1874.]

Earnings of wife not liable for debts of husband.

§ 168. The earnings of the wife are not liable for the debts of the husband.

Earnings of wife, when living separate.

$169. The [1] earnings and accumulations of the wife and [2] of her minor children living with her or in her custody, while she is living separate from her husband, are the separate property of the wife.

Liability for debts of wife contracted before marriage.

$ 170. The separate property of the husband is not liable for the debts of the wife contracted before the marriage.

Wife's property not liable for husband's debts.

$171. The separate property of the wife is liable for her own debts contracted before or after her marriage, but is not liable for her husband's debts; provided, that such property is liable for the payment of debts contracted by the husband or wife for the necessaries of life furnished to them or either of them while they are living together; provided, that the provisions of this act shall not apply to the separate property of the wife held by her at the time of her marriage or acquired by her by devise or succession after marriage. [Amended March 18, 1905.]

Management, etc., of community property.

§ 172. The husband has the management and control of the community property, with the like absolute power of disposition, other than testamentary, as he has of his separate estate; provided, however, that he can not make a gift of such community property, or convey the same without a valuable consideration, unless the wife, in writing, consent thereto; and provided, also, that no sale, conveyance or encumbrance of the furniture, furnishings and fittings of the home, or of the clothing and wearing apparel of the wife or minor children, which is community property shall be made without the written consent of the wife. [Amended March 31, 1891.] Courtesy and dower not allowed.

§ 173. No estate is allowed the husband as tenant by courtesy upon the death of his wife, nor is any estate in dower allotted to the wife upon the death of her husband.

Support of wife.

§ 174. If the husband neglect to make adequate provision for the support of his wife, except in the cases mentioned in the next section, any other person may, in good faith, supply her with articles necessary for her support, and recover the reasonable value thereof from the husband. [Amended March 30, 1874.]

Same-When separate from husband.

§ 175. A husband abandoned by his wife is not liable for her support until she offers to return, unless she was justified, by his misconduct in abandoning him; nor is he liable for her support when she is living separate from him, by agreement, unless such support is stipulated in the agreement. [Amended March 30, 1874.]

Wife to support husband, when.

§ 176. The wife must support the husband, when he has not deserted her, out of her separate property, when he has no separate property, and there is no community property, and he is unable, from infirmity, to support himself. [Amended March 30 1874.]

Rights of husband and wife.

§ 177. The property rights of husband and wife are governed by this chapter, unless there is a marriage settlement containing stipulations contrary thereto.

Marriage settlement contracts.

§ 178. All contracts for marriage settlements must be in writing, and executed and acknowledged or proved in like manner as a grant of land is required to be executed and acknowledged or proved.

To be acknowledged and recorded.

§ 179. When such contract is acknowledged or proved, it must be recorded in the office of the recorder of every county in which any real estate may be situated which is granted or affected by such contract.