Section 451.290

Title XXX DOMESTIC RELATIONS

Chapter 451

Effective - 28 Aug 1939   

  451.290.  Wife deemed femme sole, when. — A married woman shall be deemed a femme sole so far as to enable her to carry on and transact business on her own account, to contract and be contracted with, to sue and be sued, and to enforce and have enforced against her property such judgments as may be rendered for or against her, and may sue and be sued at law or in equity, with or without her husband being joined as a party; provided, a married woman may invoke all exemption and homestead laws now or hereafter in force for the protection of personal and real property owned by the head of a family, except in cases where the husband has claimed such exemption and homestead rights for the protection of his own property.

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(RSMo 1939 § 3385)

Prior revisions: 1929 § 2998; 1919 § 7323; 1909 § 8304

CROSS REFERENCE:

Estate of wife conveyed and dower relinquished, how, covenant, when binding on wife or husband,  442.030

(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.