personal property; if there is but one child, she is entitled to one-half; if there are more than one and not more than four children, then she is entitled to one child's portion. A homestead to the value of $2,000 is exempt to her from all creditors and no will can deprive her of it, unless she has signed a mortgage on it. If a wife die without a will, her husband is entitled to one-half of her personal property, whether there are children or not, and to the life use of all her real estate.
A wife may will her property to whom she pleases, excluding her husband from all share. He can do this with his property, but can not impair her dower rights. She can not sell her real estate without his written consent, but can sell her personal property without it. He can mortgage or sell his real estate, except the homestead, and can dispose of his personal property, without her consent.
A married woman may be agent, guardian or administrator. She may acquire and hold separate property not liable for the debts of her husband, though necessaries for the family can be a liability. Her bank deposit is her own, and her earnings can not be taken by her husband or his creditors. A wife can not become surety for her husband. Property purchased with her money will be returned to her upon application to the court.
A wife may engage in business with her husband's written consent. If she does so without it she incurs no penalty, but it is necessary in order that her creditors may recover their money. She must sue and be sued and make contracts jointly with the husband. If a woman commit a crime in partnership with her husband (except murder or treason) she can not be punished; nor, if she commit a crime in his presence, can he testify against her.
Common law marriage is valid and the legal age for a girl is fourteen years.
The father is the guardian of the minor children, and at his death may appoint a guardian to the exclusion of the mother. If this is not done she becomes the legal guardian of the girls till they are eighteen, of the boys till fourteen.
Alabama is one of the few States which do not by law require the husband to support the family.
