Hames v. Castro

Citations

• 5 Cal. 109

Syllabus

<p>By the Mexican laws, all property acquired during marriage was common property, and the wife could neither be bound as security for her husband, nor liable as a joint contractor, except where it was shown that the contract was advantageous to the wife.</p> <p>To establish that a contract is advantageous to the wife, means, that it accrued to the benefit of her separate estate.</p> <p>Under the rule of the Mexican law, where the wife is the survivor of the husband, she is liable for one-half of the community debts; but to fix this liability, it must be shown that a fruitless effort has been made to obtain payment through an administration of the community assets, or that there is no common property, and that the community is insolvent.</p>