The wife, if the husband be of sound mind and has not abandoned her, or be not a nonresident of the state, or be not imprisoned under a conviction for crime for a period of two years or more, cannot alienate or mortgage her lands or any interest therein without the assent and concurrence of the husband, the assent and concurrence of the husband to be manifested by his joining in the alienation in the mode prescribed by law for the execution of conveyances of land. But if the husband be non compos mentis, or has abandoned the wife, or is a nonresident of the state, or is imprisoned under a conviction for crime for a period of two years or more, the wife may alienate or mortgage her lands as if she were sole. Notwithstanding the foregoing provisions of the section, the wife may lease her lands and tenements or any interest therein without the assent and concurrence of the husband.
Structure Code of Alabama
Title 30 - Marital and Domestic Relations.
Article 1 - Property Rights; Tort and Contract Rights and Liabilities.
Section 30-4-2 - Separate Property of Wife - Earnings of Wife.
Section 30-4-3 - Separate Property of Wife - Wearing Apparel of Wife.
Section 30-4-4 - Separate Property of Wife - Damages Recovered for Injuries to Person or Reputation.
Section 30-4-5 - Property of Wife Subject to Provisions of Chapter.
Section 30-4-6 - Husband Not Liable for Antenuptial Contracts and Torts of Wife.
Section 30-4-7 - Husband Not Liable for Postnuptial Contracts and Torts of Wife.
Section 30-4-8 - Capacity of Wife to Contract.
Section 30-4-9 - Capacity of Husband and Wife to Contract With Each Other.
Section 30-4-11 - Wife to Sue and Be Sued Alone Upon Contracts, Torts, Etc.
Section 30-4-14 - Married Women May Dispose of Separate Estates by Will.