Wife Deserted or Living Apart from Husband

V.S.A. tit. 15, ch. 3, subch. 2

in effect

15 V.S.A. § 102 Complaint by wife to sell real estate

102. Complaint by wife to sell real estate When a married man is incapacitated for supporting his family, or deserts, neglects, or abandons his wife, or by ill-usage or criminal conduct gives her cause to live apart from him, or is committed to the Commissioner of Corrections, if the wife is of age, a presiding judge of the Superior Court, upon her complaint for that purpose, may authorize such wife to sell and convey her real estate, or personal property that came to the husband by reason of the civil marriage and that remains in the State undisposed of by him. Such judge may authorize a person holding money or other personal estate, to which the husband is entitled in her right, to pay or deliver the same to the wife. A married woman who is of age and lives apart from her husband and has lived apart from her husband more than one year from any cause other than her adultery, and who has real estate in her own right, may petition a presiding judge of the Superior Court for leave to sell and convey such real estate. Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 3, § 12a, eff. Sept. 1, 2009.

15 V.S.A. § 103 Determination of amount contributed to property by husband; sole and separate deed of wife

103. Determination of amount contributed to property by husband; sole and separate deed of wife If it appears to the presiding judge that such real estate was acquired by such married woman, in whole or in part, otherwise than by gift or conveyance from her husband, and otherwise than as a result of his industry, accumulations, or savings, and that her needs or comforts or the needs or comforts of her minor children require the income or proceeds of such real estate or her interest therein, the judge shall determine what amount, if any, the husband has contributed toward such property. Such judge shall authorize such married woman to sell and convey such real estate by her sole and separate deed upon payment or tender to her husband of such sum, if any, as the judge finds he has contributed to the purchase of such property, to be proportionately increased or decreased to correspond with any material change in value, found by the judge, of such property subsequent to the date of the first contribution, if any made by the husband. Such deed shall have the same effect to pass title to such property as if joined in by the husband.

15 V.S.A. § 104 Proceedings on complaint and enforcement of orders and decrees; appeal of husband

104. Proceedings on complaint and enforcement of orders and decrees; appeal of husband The same proceedings shall be had on such complaint and in relation to enforcing orders and decrees as in other proceedings in the Superior Court. An appeal on the part of the husband shall not be allowed to the Supreme Court from an order or decree until he has indemnified the plaintiff for delays and costs as the judge directs. Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/15/003Fetched: 10/21/2026