law, or who
have a husband or wife living, are void; but if the parties live and
cohabit together after the death of the former husband or wife, such
marriage shall be deemed valid [Sec.3392]. A judicial decree is not
necessary to annul a marriage between parties one of whom has a wife or
husband living at the time, as such marriages are absolutely void, nor
does such marriage confer any right upon either in the property of the
other. A marriage procured by fraud or force is void, because it lacks
the essential element of consent. Such marriages may be annulled by a
court of equity, but false representations as to character, social
position or fortune do not constitute such fraud on the opposite party
as to avoid a marriage induced thereby.

CHAPTER III.

HUSBAND AND WIFE

[Sidenote: Property rights of married women.]

A married woman may own in her own right, real and personal property
acquired by descent, gift or purchase, and manage, sell, convey, and
devise the same by will, to the same extent and in the same manner that
the husband can property belonging to him. [Sec.3393.] The husband is the
legal head of the family and household furniture, pictures and all
similar property used in the house occupied by husband and wife, is
considered as being in the possession of the husband and under his
control. Such property may be sold or mortgaged by the husband without
the consent of the wife. Property conveyed to both jointly is held by
them as tenants-in-common. Each owns an undivided one-half interest in
such property, and this interest may be sold on execution to satisfy
claims against husband or wife as the case may be. Property purchased
with funds belonging to both husband and wife is owned by them jointly,
the interest of each being in proportion to the amount of the purchase
price contributed by each.

[Sidenote: Real property, Conveyance, or contract.]

A married woman may convey or encumber any real estate or interest
therein belonging to her, and may control the same, or contract with
reference thereto, to the same extent, and in the same manner as other
persons [Sec.3106].

[Sidenote: Conveyance by husband and wife.]

Every conveyance made by a husband and wife shall be deemed sufficient
to pass any and all right of either to the property conveyed, unless the
contrary appears on the face of the conveyance [Sec.3107]. While Iowa was
still a territory, in 1840, power was conferred upon a marrie