Article Fourth. On the Ownership of Spouses

376. Declarations. 1. In order that it can be judged whether the way of acting of spouses concerning temporal goods is just or unjust, one must first investigate which goods are common to them, which are proper, and what rights in both proper and common goods belong to the spouses. Moreover, these rights of spouses depend on the contract which they enter into before marriage (by an authentic act before a notary), or on the regime (system), as they call it, under which they contracted marriage. For those about to marry can freely choose the system according to which disposition is to be made concerning their goods, and to the chosen system add whatever agreements they wish, provided these are not opposed to good morals and are not prohibited by law. Now there are three chief systems according to which spouses are accustomed to enter marriage with respect to ownership of temporal goods: a. the system of community; b. the system of separation of goods; c. the dotal system. But if spouses contract without a special agreement, they are judged to follow that system which commonly prevails in that region. The rights which belong to spouses concerning temporal goods in the individual systems are contained in the civil codes.¹

2. The goods of spouses are distinguished in this way:

a. Dotal goods (eingebrachtes Gut), which are handed over by the wife or by another to the husband for sustaining the burdens of marriage.

Dotal goods occur not only in the dotal system but also in other systems, since in any system a dowry is brought by the wife. It rarely happens that ownership of dotal goods is transferred to the husband; ordinarily their ownership remains with the wife, but administration and usufruct pertain to the husband.²

b. Goods besides the dowry or proper goods, which the wife has besides the dowry, whether she acquired them by inheritance or by donation or by her own and extraordinary industry.

alpha. Ownership of those things which the wife acquires for herself by her own labor distinct from the care which is owed to the domestic estate, for example, by painting or by trading with her own goods, belongs by strict right to her until she contributes them into common.³

beta. The wife retains ownership and usufruct of these goods, but ordinarily the husband has administration.

c. Common goods, which spouses contribute into common either from pact or from disposition of law. Each spouse exercises ownership (common ownership) or co-ownership of these goods, but their administration is with the husband.

From common goods there are to be distinguished goods of the family, which sometimes are also called common. They are those which are acquired from the undivided custom of life and from the common labor of each spouse, whose ownership nevertheless belongs to the man alone by force of law.

¹ C. A., Section 1217-1266; C. G., Section 1363-1563.

² C. A., Section 1227 ss.; C. G., Section 1363.

³ Ballerini-Palmieri, III, n. 52.

377. Rights and obligations of the husband. 1. In administering common goods, wide power is granted by law to the husband, so that by law (at least before a judge) nothing can be demanded from him on account of bad and prodigal administration.

But in conscience the husband must be obligated to restitution, because the wife preserves ownership of goods strictly common, although the husband alone has administration. Wherefore the husband, by dissipating them, injures the strict right of the wife. Nevertheless on account of bad administration the husband is not to be obligated to restitution if community of goods is so determined by law that the wife has a strict right only in half the goods extant after the death of the husband.¹

2. A husband who badly administers or even dissipates goods of the family, of which he alone is owner, offends against charity or piety, but not against justice.

3. If a husband, against the will of the wife, dissipates anything from goods of which he has only administration or only usufruct with administration, he injures her strict right and is bound to restitution. The same must be said where, in administering goods strictly common, he exceeds the limits granted by law.

4. From common goods or goods of the family the husband is bound to supply to the wife those things which are necessary for procuring the family estate according to the state and condition of the family, for her sustenance, and for fulfilling her obligations (at least if she does not have proper goods).

¹ Cf. Lacroix, l. 3, pr. 1, n. 1020; Lehmkuhl, I, n. 897; Gury-Ballerini, n. 556; Dalama, n. 40.

378. Rights and obligations of the wife.¹ 1. If the wife takes something from goods of the family, of which the husband is owner, while the husband is reasonably unwilling, she injures his strict right and of herself is bound to restitution unless the injury is condoned.

2. Of herself the wife can licitly spend nothing without the husband's knowledge: for administration of goods, even common goods, belongs to the husband. Besides, the subjection by which the wife is subordinated to the man as head of the family demands that she take nothing without the husband's knowledge and without having consulted him. Yet since the wife is not a maidservant, but the husband's companion and helper, from universal custom that liberty in the use of goods which the decency of state requires is to be granted to her. Therefore several things, especially when a just cause exists, are licit to the wife even without the husband's knowledge, indeed even against his will.

From custom wives have free administration of poultry and their fruits, such as eggs.

a. The wife can spend certain goods, even rather notable ones, without the husband's knowledge for the good of the family if the husband would not give the things necessary for the honest sustenance of herself and the offspring, or if the necessities of the family would be set forth to him in vain. Yet in this case the wife ought to beware lest she make expenses excessive for the condition of the family.

b. She can give customary alms which are usually given by women of the same condition; greater ones indeed if the husband neglects this obligation; some, but lesser ones, even if the husband satisfies his obligation according to the condition of the family. For the wife would appear too hard against decency if she could give no alms.

c. She can assist parents or children received from another marriage if they are constituted in grave necessity.

If she has proper goods, she ought to assist needy blood relatives from them. Yet she can give customary alms to blood relatives even if she has proper goods. If she does not have proper goods and customary alms do not suffice, she can take from common goods or from the goods of the husband to relieve the grave necessity of parents and children. Nor is she bound, after the husband has died, to restore those expenses from that part of the dowry or common goods which she receives, unless those expenses greatly exceed the limits of customary alms. The reason of the first is that the husband, as administrator of the family, ought to furnish to the wife those things by which she can satisfy her obligations; but the laws of piety demand from the wife that she assist parents and needy children. The reason of the second is that the man is not bound to suffer extraordinary expenses from his own goods if the wife has goods whose ownership is with her.

d. She can reserve certain goods without the husband's knowledge so that she may provide for the necessities of the family and of the husband himself and so that she may preserve her rights intact, if the husband dissipates the goods.

e. She can take care that prayers and Masses be said for averting spiritual or temporal damage of the husband or of the family.

f. She can bestow small gifts and spend certain things on honest recreation, according as these things are licit for other women of the same condition and therefore cannot be omitted without some mark of reproach.

Note. The rights of wives in common goods which belong to them from use and custom are not to be proposed publicly in instructions, and ordinarily neither privately in the confessional should too much indulgence be given to women, since they themselves, from an implanted desire of ruling, are very prone to extending their rights more than is equitable. Universally, greater care must be taken that the wife be subject and obedient to the husband in charity, as is fitting, than that she insist upon her rights.

¹ Lugo, disp. 16, n. 64 ss.; Lehmkuhl, I, n. 895.