40-2-301. Husband and wife may contract. Either husband or wife may enter into any engagement or transaction with the other or with any other person respecting property which either might, if unmarried, subject in transactions between themselves to the general rules which control the actions of persons occupying confidential relations with each other, as defined by the provisions of this code relative to trusts.
History: En. Sec. 214, Civ. C. 1895; re-en. Sec. 3694, Rev. C. 1907; re-en. Sec. 5786, R.C.M. 1921; Cal. Civ. C. Sec. 158; Field Civ. C. Sec. 79; re-en. Sec. 5786, R.C.M. 1935; R.C.M. 1947, 36-105.
Structure Montana Code Annotated
Part 3. Power of Married Persons to Contract
40-2-301. Husband and wife may contract
40-2-303. Alteration of legal relation by contract -- separation agreement
40-2-304. Consideration for separation
40-2-305. through 40-2-310 reserved
40-2-311. Rights of husband and wife -- how governed