Previous | Next

§ 6. Rights of women. The Legislature shall provide for the protection of the rights of women, in acquiring and possessing property, real, personal and mixed, separate and apart from the husband; and shall also provide for their equal rights in the possession of their children.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 66; January 29, 1861.

Law Review and Bar Journal References:

Child custody, parent's release to benevolent society, and mental capacity of parent, 11 K.L.R. 565, 566, (1963).

Child Custody-Parent v. Third Party in Kansas, Robert W. Green, 13 W.L.J. 228, 229 (1974).

The Best Interests of the Child in Custody Controversies Between Natural Parents: Interpretations and Trends, Edward L. Barker and Cathryn Hamman, 18 W.L.J. 482, 483 (1979).

Where Will All The Children Go: The New Kansas Preference For Joint Custody, Judith E. Pottorff, 32 K.L.R. 215, 219 (1983).

Washburn Law School Celebrates a Century of Welcoming Women, Linda Diane Henry Elrod, 42 W.L.J. 853 (2004).

Attorney General's Opinions:

Retail liquor dealer's license; dealer's spouse prohibited from holding beneficial interest in another retail establishment; constitutionality. 94-88.

CASE ANNOTATIONS

1. Female under 18, minor; each parent natural guardian of person. The State v. Jones, 16 Kan. 608, 611.

2. Father and mother are natural guardians of persons of minors. The State v. Angel, 42 Kan. 216, 222, 21 P. 1075.

3. Father and mother equal right to possession, etc., of minors. Miller v. Morrison, 43 Kan. 446, 448, 23 P. 612.

4. This section discussed in connection with homestead exemption. Cross v. Benson, 68 Kan. 495, 501, 75 P. 558.

5. Coverture, no separate estate, does not invalidate married woman's contract. Harrington v. Lowe, 73 Kan. 1, 18, 84 P. 570.

6. Neither husband nor wife bound to pay taxes on other's real estate. Nagle v. Tieperman, 74 Kan. 32, 35, 85 P. 941, 88 P. 969.

7. Property of other spouse is property "of another," for arson. The State v. Shaw, 79 Kan. 396, 398, 100 P. 78.

8. Mechanic's lien on married woman's property, contract with husband, valid. Garrett v. Loftus, 82 Kan. 556, 557, 109 P. 179.

9. Interest of one spouse in land of the other considered. Murray v. Murray, 102 Kan. 184, 185, 170 P. 393.

10. Land previously conveyed; surviving spouse may maintain action for partition. Murray v. Murray, 102 Kan. 184, 185, 170 P. 393.

11. Intermediate conveyance unnecessary in conveying land from spouse to spouse. Brecheisen v. Clark, 103 Kan. 662, 667, 176 P. 137.

12. Section considered in connection with divorce and award of alimony; wife may own and control property independent of husband. Putnam v. Putnam, 104 Kan. 47, 52, 177 P. 838.

13. Section applied, discussing competency of wife to testify for husband. Harris v. Brown, 187 F. 6, 9.

14. Common-law rule of unity of property right of husband and wife abrogated. State v. Koontz, 124 Kan. 216, 257 P. 944.

15. History of property rights of married women reviewed. Bates v. State Savings Bank, 136 Kan. 767, 771, 18 P.2d 143.

16. Cited in discussing custody rights of estranged parents over their children. State v. Taylor, 138 Kan. 407, 413, 26 P.2d 598.

17. Statutes of limitation run as between husband and wife. In re Estate of Crawford, 155 Kan. 388, 390, 125 P.2d 354.

18. Common law guardianship rights to next of kin when both parents dead determined. Paranto v. Armstrong, 161 Kan. 720, 725, 171 P.2d 299.

19. One spouse may not maintain tort action for damages against the other. Sink v. Sink, 172 Kan. 217, 218, 239 P.2d 933.

20. Discussed in opinion awarding to nonresident one-half of deceased husband's property held in trust. Ackers v. First National Bank of Topeka, 192 Kan. 319, 325, 387 P.2d 840.

21. Plaintiff may, after becoming wife of defendant, continue action against husband for alleged tortious act. O'Grady v. Potts, 193 Kan. 644, 646, 396 P.2d 285.

22. Rule that neither spouse may maintain an action in tort for damages against the other not in violation of this section. Fisher v. Toler, 194 Kan. 701, 702, 401 P.2d 1012.

23. Purpose of section considered; K.S.A. 60-1610(b), division of property, not in conflict herewith or K.S.A. 23-201 enacted pursuant to this section. Harrah v. Harrah, 196 Kan. 142, 143, 144, 145, 146, 409 P.2d 1007.

24. Cited in discussing common law rule of guardianship of children; grandparent as next of kin. In re Johnson, 210 Kan. 828, 830, 504 P.2d 217 (1972).

25. Modifies common law rule that grandparent as next of kin is a natural guardian. In re Johnson, 210 Kan. 828, 830, 504 P.2d 217 (1972).

26. Parents have equal right to custody of minor children in absence of court order; conviction under K.S.A. 21-3422 reversed. State v. Al-Turck, 220 Kan. 557, 558, 551 P.2d 1375.

27. Cited in holding one spouse may not sue the other for torts occurring during marriage. Guffy v. Guffy, 230 Kan. 89, 90, 91, 103, 631 P.2d 646 (1981).

28. There is no spousal immunity for willful and intentional torts; wrongful death cause of action exists against decedent's spouse. Stevens v. Stevens, 231 Kan. 726, 728, 647 P.2d 1346 (1982).

29. Spouse may maintain action against the other for tortious personal injury occurring during the marriage. Flagg v. Loy, 241 Kan. 216, 218, 219, 734 P.2d 1183 (1987).

30. Spouse obligated to pay other spouse's necessities, including medical services. St. Francis Regional Med. Center, Inc. v. Bowles, 16 Kan. App. 2d 374, 375, 376, 823 P.2d 226 (1992).

31. Historical form of "doctrine of necessaries," while unconstitutional, expanded to apply to husbands and wives equally. St. Francis Regional Med. Center, Inc. v. Bowles, 251 Kan. 334, 339, 836 P.2d 1123 (1992).

32. Whether application of UCCJA (38-1301 et seq.) jurisdictional standards to initial custody determination in divorce proceeding violates equal protection examined. In re Marriage of Harris, 20 Kan. App. 2d 50, 56, 883 P.2d 785 (1994).