Title 30 — Title 30

After Marriage. All property of the wife, held by her previous to the marriage or to which she may become entitled after the marriage in any manner, is the separate property of the wife and is not subject to the liabilities of the husband. History: (Code 1886, §2341; Code 1896, §…

Security for Indebtedness Exempted from Prohibition Against Contracts of Suretyship by Wife. The assignment of a life insurance policy, wherein the wife of the insured is designated as beneficiary and wherein the right is reserved to the insured to change the beneficiary, shall, …

The wife must sue alone upon all contracts made by or with her, or for the recovery of her separate property or for injuries to such property, or for its rents, income or profits, or for all injuries to her person or reputation; and upon all contracts made by her, or engagements …

Concurrence of Husband; Lease of Lands and Tenements of Wife Without Assent and Concurrence of Husband. The wife, if the husband be of sound mind and has not abandoned her, or be not a nonresident of the state, or be not imprisoned under a conviction for crime for a period of two…

Personal Property Situated Within State. All contracts concerning real or personal property situated in this state entered into by married women who are not residents of this state at the time of entering into such contracts have the same force and validity as if such contracts w…

Married women may, by last will and testament, dispose of their separate estates. History: (Code 1852, §1989; Code 1867, §2378; Code 1876, §2713; Code 1886, §2352; Code 1896, §2533; Code 1907, §4501; Code 1923, §8276; Code 1940, T. 34, §78.)

Disabilities of Minority. The marriage of any woman in this state who is under 19 and over 18 years of age, or the widowhood of any woman in this state who is under 19 and over 18 years of age, or the arrival at the age of 18 years of any married woman or widow in this state, has…

Disabilities of Minority; Defenses and Remedies Not Affected by Section. The marriage of any male person in this state who is under 19 and over 18 years of age, or the widowerhood of any male person in this state who is under 19 and over 18 years of age, or the arrival at the age…

or Annulment. (a) In this section, the following terms have the following meanings: (1) DISPOSITION OR APPOINTMENT OF PROPERTY. Includes a transfer of an item of property or any other benefit to a beneficiary designated in a governing instrument. (2) DIVORCE or ANNULMENT. Any div…

The earnings of the wife are her separate property, but she is not entitled to compensation for services rendered to or for the husband or to or for the family. History: (Code 1886, §2342; Code 1896, §2521; Code 1907, §4487; Code 1923, §8262; Code 1940, T. 34, §66.)

Repealed by Act 2015-70 effective April 21, 2015. History: (Code 1896, §2522; Code 1907, §4488; Code 1923, §8263; Code 1940, T. 34, §67.)

Husband; Exception as to Homestead. When any married woman has been legally declared insane, or when any married woman is confined in any Alabama state hospital for the insane and the superintendent thereof shall have certified in writing to the probate judge of the county of the…

Conveyance to Be Accompanied by Judgment or Certification of Wife’s Insanity; Conclusiveness of Judgment or Certificate. All conveyances under Section 30-4-30 shall state that the grantor is a married man and that his wife is insane, and shall have attached to it a copy of the ju…

of Circuit Court to Authorize. The circuit court may authorize a married person whose spouse is insane to sell, convey, mortgage or otherwise dispose of any interest owned in real estate as if such married person were single. History: (Acts 1933, Ex. Sess., No. 151, p. 141; Acts …

Motion; Exception as to Homestead; Date for Hearing; Notice to Insane Spouse; Appointment of Guardian Ad Litem. Whenever any such married person whose spouse is insane desires authority to sell, convey, mortgage or otherwise dispose of real estate as if single, such married perso…

of Judgment. If upon the hearing of the evidence the court is of the opinion that the authority sought to sell, convey, mortgage or otherwise dispose of real estate as if single should be granted, the court shall enter judgment granting such authority for such a period of time as…

Judgment to Be Filed in Probate Office of County Where Real Estate Situated; Filing Cost. If the court enters the judgment granting the relief sought, the register or clerk shall file a certified copy of such judgment in the probate office of the county in which is situated the r…

of Judgment. Upon the entering of the judgment authorizing a married person whose spouse is insane to sell, convey, mortgage or otherwise dispose of real estate as if single, such married person shall have the right to sell, convey, mortgage or otherwise dispose of any or all int…

Not Exclusive. The mode prescribed in Sections 30-4-32 through 30-4-36 shall not be considered exclusive and shall not repeal any existing law upon the subject of said sections, or be construed as limiting authority which the courts now have with reference to the same. History: (…

or Reputation. All damages which the wife may be entitled to recover for injuries to her person or reputation are her separate property. History: (Code 1886, §2343; Code 1896, §2523; Code 1907, §4489; Code 1923, §8264; Code 1940, T. 34, §68.)

All property of the wife, whether acquired by descent or inheritance, or gift, devise or bequest, or by contract or conveyance, or by gift from or contract with the husband, is the separate property of the wife within the meaning of, and is subject to all the provisions of, this …

The word “parent” or “parents,” as used in this article, shall include the natural legal parent or parents, or other persons who shall have legally acquired the custody of such child or children, and the father of such child or children, though born out of lawful wedlock. History…

Persons sentenced to serve a term in jail or at hard labor under the terms of this article may, if released by the court before the expiration of their term of sentence, as is provided for in this article, be placed on probation for the remainder of such term, upon the same terms…

Etc. Proceedings under this article may be instituted upon complaint made under oath or affirmation by the wife or child, or by any officer mentioned in Section 30-4-64, upon information received, or by any other person having knowledge of the facts, against any person accused of…

Probation Officer. Any officer mentioned in Section 30-4-64, when, in his opinion, a person in his jurisdiction is guilty of desertion or failure to support his family, shall institute a complaint to bring such person charged with such desertion or failure to support his wife or …

The juvenile courts of the several counties of the state shall have and exercise exclusive and original jurisdiction in all cases arising under this article. Except as is, or may hereafter be, otherwise provided by law, the institution and trial of such cases shall be had and con…

Extradition of Defendant from Another State or County. Any offense under this article shall be held to have been committed in any county in which such wife, child or children may be at the time such complaint is made. Whenever the judge within whose jurisdiction an offense under …

and Wife Not Privileged; Testimony of Husband and Wife; Evidence of Willful Abandonment or Desertion. No other evidence shall be required to prove marriage of such husband and wife or that such person is the lawful father or mother of such child or children, than is or shall be r…

Trial, Appeal, Etc. At any time before or at the trial or pending an appeal to the circuit court, upon motion of the complainant and upon notice to the defendant, no formal notice being necessary if the defendant be present in court and informed of said motion, the judge of said …

Children; Release of Defendant on Probation; Bond. At the trial on an entry of a plea of guilty, or after conviction and after judgment and sentence has been imposed, as provided in this article, the judge of the juvenile court in the first instance, or the judge of the circuit c…

The husband is not liable for the debts or engagements of the wife, contracted or entered into before marriage, or for torts committed by her before marriage, but she remains liable and suable therefor as if she were sole. History: (Code 1886, §2344; Code 1896, §2524; Code 1907, …

The judge of the juvenile court may, after a part of such sentence has been served, also release the defendant from such sentence to jail or hard labor and suspend the remaining part thereof, and may make such order of support and release the defendant on probation subject to the…

The defendant, if convicted, shall have the right to appeal as in other misdemeanor cases appealed from the juvenile court. Pending said appeal, upon his entering into bond, with sufficient sureties in such sum as the court may require, he shall be released from custody. If the d…

Juvenile Court as to Probationer. In the event the appeal goes to the circuit court and the defendant shall be sentenced to jail or hard labor for the county by the circuit court, he shall be remanded to jail to answer said judgment, and in the event that such judgment and senten…

Bond. If at any time the judge of the juvenile court is satisfied, by sufficient proof upon due notice and hearing, that the defendant has violated the terms of any such order of support or the terms of any such probation bond, said judge may forthwith, or after further probation…

Etc. The judge of the juvenile court may call upon the sheriff or any deputy sheriff in the county, any constable in said county, any police or other peace officer in any town or city in said county or any humane or probation officer in said county to serve as probation officer, …

Bond, Etc., to Be Reported to Judge. Said probation officers shall ascertain the name and address and such facts in relation to the antecedent history and environment of the person or persons committed to his charge as may enable him to determine what corrective measures will be …

The husband is not liable for the debts or engagements of the wife, contracted or entered into after marriage, or for her torts in the commission of which he does not participate, but the wife is liable for such debts or engagements, or for her torts, and is suable therefor as if…

The wife has full legal capacity to contract as if she were sole, except as otherwise provided by law. History: (Code 1886, §2346; Code 1896, §2526; Code 1907, §4492; Code 1923, §8267; Code 1940, T. 34, §71.)

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000. History: (Acts 1951, No. 879, p. 1515, §1; Acts 1997, No. 97-245, p. 398, §1.)

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000. History: (Acts 1951, No. 879, p. 1515, §2; Acts 1997, No. 97-245, p. 398, §1.)

Agency; Duties as to Enforcement of Support. Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000. History: (Acts 1953, No. 824, p. 1110; Acts 1997, No. 97-245, p. 398, §1.)

Absence or Nonresidence of Obligee. Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000. History: (Acts 1951, No. 879, p. 1515, §4; Acts 1953, No. 823, p. 1107, §1; Acts 1997, No. 97-245, p. 398, §1.)

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000. History: (Acts 1951, No. 879, p. 1515, §7; Acts 1953, No. 823, p. 1107, §2; Acts 1997, No. 97-245, p. 398, §1.)

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000. History: (Acts 1951, No. 879, p. 1515, §8; Acts 1953, No. 823, p. 1107, §3; Acts 1997, No. 97-245, p. 398, §1.)

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000. History: (Acts 1951, No. 879, p. 1515, §5; Acts 1997, No. 97-245, p. 398, §1.)

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000. History: (Acts 1951, No. 879, p. 1515, §6; Acts 1997, No. 97-245, p. 398, §1.)

Enforcement Proceedings. Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000. History: (Acts 1951, No. 879, p. 1515, §9; Acts 1953, No. 823, p. 1107, §4; Acts 1997, No. 97-245, p. 398, §1.)

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000. History: (Acts 1951, No. 879, p. 1515, §10; Acts 1997, No. 97-245, p. 398, §1.)

The husband and wife may contract with each other, but all contracts into which they enter are subject to the rules of law as to contracts by and between persons standing in confidential relations. History: (Code 1886, §2349; Code 1896, §2529; Code 1907, §4497; Code 1923, §8272; …