Hamilton v. Hamilton

Citations

• 89 Ill. 349

Syllabus

<p>1. Married women—power to contract with husband. Since the act of March 30,1874, relating to married women, took effect, a wife may make contracts with her husband for lawful purposes, except so far as is otherwise provided in the act itself, and they may be enforced.</p> <p>2. Contract—when against public policy. A contract between husband and wife, pending a suit by the latter for a divorce, by which the husband agrees to convey certain land to the wife and pay her §500, and she to unite with him in conveying his other real estate to a third person, released from all claim of dower and homestead on her. part, though the husband does not expressly agree not to resist the suit for divorce, is contrary to public policy and invalid, as tending to open a door for the attainment of divorces by collusion.</p>