The property of a married woman, whether real, personal or mixed, and choses in action which she has acquired in any manner, and all the income, rents and profits thereof, shall be deemed to be her sole and separate property. She may sell, convey, assign, transfer, devise, bequeath, encumber or otherwise dispose of the same and she may contract jointly (including with her husband) or separately, sue and be sued and exercise all other rights and powers, including the power to make a will, which a femme sole may do under the laws of this State. Nothing in this section shall be deemed to affect the right of the husband, if he survives his wife, as tenant by the curtesy in the real estate of his wife. Acknowledgments by married women of all instruments relating to or affecting real estate shall be taken as provided in Title 25.

Code 1852, § ?1469; 12 Del. Laws, c. 572, § ?1; 14 Del. Laws, c. 550, §§ ?4, 5; 15 Del. Laws, c. 165, § ?5; 22 Del. Laws, c. 203, § ?1; Code 1915, §§ ?3047, 3050, 3052, 3055; 30 Del. Laws, c. 197, § ?1; Code 1935, § ?3541; 13 Del. C. 1953, § ?311; 70 Del. Laws, c. 186, § ?1;

Terms Used In Delaware Code Title 13 Sec. 311

  • Bequeath: To gift property by will.
  • Contract: A legal written agreement that becomes binding when signed.
  • Devise: To gift property by will.
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302