Chapter 460: Husband and Wife

Every woman shall hold to her own use, free from the interference or control of any husband she may have, all property at any time earned, acquired or inherited by, bequeathed, given or conveyed to her, either before or after marriage, if such earning, acquisition, conveyance, gift, or bequest were not occasioned by payment or pledge of the property of the husband.

Every married woman shall have the same rights and remedies, and shall be subject to the same liabilities in relation to property held by her in her own right, as if she were unmarried, and may convey, make contracts, and sue and be sued, in all matters in law and equity, and upon any contract by her made, or for any wrong by her done, as if she were unmarried. No damages shall be allowed to either spouse in any action based on alienation of the affections of the other spouse.

Two people in contemplation of marriage may enter into a written interspousal contract and the courts of this state shall give the same effect to such contracts entered in other jurisdictions as would the courts of that other jurisdiction. However, no contract otherwise enforceable under this section may contain any term which attempts to abrogate the statutory or common law rights of minor children of the contemplated marriage.

Marriage shall not render the husband liable for the debts contracted by his wife prior to their marriage.

A married woman of full age may convey her real estate. A married spouse, though not of full age, may join with her (his) husband or wife in release of homestead.

Real estate may be conveyed directly by husband to wife, or wife to husband, in all cases where the same thing might lawfully be done through the intervention of a third person.

A married man or woman, whose wife or husband is insane, and has continued insane for one year, and who wishes to convey real estate, may apply by petition to the judge of probate for the county in which the real estate lies for a license to convey the real estate in such manner as to bar all rights which the insane wife or husband has in the real estate. A verified statement by a psychiatrist licensed as a physician in this state or by a psychologist licensed in this state shall accompany said petition and shall state that such psychiatrist or psychologist has personally examined the insane wife or husband and found such person to be incompetent to participate in such a conveyance.

Upon the filing of the petition, a citation to the friends of the insane wife or husband and to all interested shall issue and be published. A guardian shall be appointed to represent the insane wife or husband. If, after hearing, the judge is satisfied that the interests of all concerned would be promoted by the conveyance of the whole or any part of the petitioner's real estate, he may grant the license. A conveyance made under the license shall be a complete bar to all rights of the insane wife or husband in the premises so conveyed.

A married man or woman who is justifiably living apart from his or her spouse because such spouse has been guilty of conduct which constitutes cause for divorce, and who wishes to convey real estate, may apply by petition to the judge of probate for the county in which the real estate lies for a license to convey the same in such manner as to bar all rights of homestead therein to which such guilty spouse may then or thereafter be entitled.

Upon the filing of the petition, a citation to the other party to the marriage shall issue and service thereof shall be made as provided in RSA 550. If, after hearing, the judge is satisfied that the necessary cause for divorce is in existence and that no injustice will result, he may grant the license. A conveyance made under the license shall be a complete bar to all rights of homestead to which such guilty party may then or thereafter be entitled in the premises so conveyed.

RSA 460:8 and 460:9 shall take effect May 1, 1947, but nothing herein contained shall affect the validity or invalidity of any conveyances made prior to May 1, 1947.

No conveyance, lease or mortgage of household goods in use by a husband and wife in their household shall be valid unless made in writing and executed by the owner and the husband or wife of the owner. This section shall not apply to liens reserved on household goods sold conditionally.

If a woman, the wife of an alien or of a man residing in another state, has resided in this state for 6 months successively separate from her husband, she may convey all real and personal estate, held by her in this state, the same as if she were sole and unmarried.

If the husband of such woman becomes a citizen of this state, and they cohabit together, the fact of his becoming such citizen, and such cohabitation, shall have the same effect upon any contract or business of the wife as if the marriage between them had then first been solemnized.

If the husband of such woman obtains a divorce from his wife in a court or tribunal of any other state or country, or if a divorce be decreed upon application of the wife during such separate residence, she shall retain the exclusive custody and guardianship and receive the earnings of her minor children living with her.

No person shall take from the custody of such wife any minor child of the marriage residing with her, or remove the child from this state against the consent of the mother.

Upon her application, a guardian may be appointed for the child, and the superior court may issue an injunction restraining the father and all other persons from removing the child from this state against the consent of the mother, and may make such further orders and decrees as shall secure to her or to the guardian the custody of the child.

If a man, the husband of an alien or of a woman residing in another state, has resided in this state 6 months successively, separate from his wife, he may convey all real and personal estate held by him in this state, the same as if he were sole and unmarried.

If the wife of such man takes up her residence in this state, and they cohabit together, the fact of such residence and such cohabitation shall have the same effect upon any contract or business of the husband as if the marriage between them had then first been solemnized.

If the wife of such man obtains a divorce from her husband in a court or tribunal of any other state or country, or if a divorce be decreed upon application of the husband during such separate residence, he shall retain the exclusive custody and guardianship and receive the earnings of his minor children living with him.

No person shall take from the custody of such husband any minor child of the marriage residing with him, or remove the child from this state against the consent of the father.

Upon his application, a guardian may be appointed for the child, and the superior court may issue an injunction restraining the mother and all other persons from removing the child from this state against the consent of the father, and may make such further orders and decrees as shall secure to him or to the guardian the custody of the child.

I. No health facility which permits sterilization operations for contraceptive purposes to be performed therein shall require the individual upon whom such a sterilization operation is to be performed to meet any special nonmedical qualifications which are not imposed on individuals seeking other types of operations in the health facility. Such prohibited nonmedical qualifications shall include, but not be limited to, age, marital status, and number of natural children. Health facility as used in this paragraph means any hospital, institution or organization which furnishes, permits or performs sterilization operations and wherein a licensed physician is present.

II. Nothing in this section shall prohibit requirements relating to the physical or mental condition of the individual or affect the right of the attending physician to counsel or advise his patient as to whether or not sterilization is appropriate. This section shall not affect existing law with respect to individuals below the age of majority.

III. Nothing in this section shall interfere with the health facility's adherence to federal regulations relative to medicaid patients.

The word children as used in this subdivision means children under 16 years of age and those under 18 who, by reason of physical or mental infirmity, are incapable of supporting themselves.

I. The putative father of any child born out of wedlock may apply by a verified written petition filed in a special proceeding in the superior court of the county in which he resides, praying that such child be declared legitimate. The mother, if living and available, shall be a necessary party to the proceeding, and the full names of the father, mother and the child shall be set out in the petition. If it appears to the court that the petitioner is the father of the child, the court may thereupon declare and pronounce the child legitimated, and the full names of the father, mother and the child shall be set out in the court order decreeing legitimation of the child.

II. The effect of legitimation shall be to impose upon the father all the obligations which fathers owe to their lawful issue and to entitle such child by succession, inheritance or distribution to real and personal property by, through, and from his father and mother as if such child had been born in lawful wedlock. In cases of death and intestacy, the real and personal estate of such child shall be transmitted and distributed according to RSA 561 as if he had been born in lawful wedlock.