Can a wife sue her husband for committing breach of a contract as a part of business dealings?

Full question:

I am married and I live in Maryland. I wish to know that, if I make a contract with my husband as part of any business dealings, is it valid? Can I sue him if he commits breach of the contract?

• Category: Husband and Wife
• Subcategory: Right to Sue
• Date: 04/07/2025
• State: Maryland

Answer:

In Maryland, a married woman can make a contract with any person, including her husband, and can sue in any contract. However, in the past, Maryland used inter-spousal immunity to limit the ability of a person to sue his or her spouse. Now, you may make valid contract with your husband and may sue him if he commits breach as if you are unmarried. The provisions regarding the married woman’s right to deal as if unmarried is provided under Md. FAMILY LAW Code Ann. § 4-204. It reads in its pertinent part as follows:

“A married woman may do any of the following, as if she were unmarried:   (1) engage in a business;
   (2) make a contract with any person, including her husband, whether or not she is engaged in business;
   (3) bind herself and her assigns by a covenant running with or related to real property or chattels real deeded to her on or after March 19, 1867;
   (4) form a partnership with any person, including her husband;
   (5) sue on any contract, including a contract made with her husband;
   (6) sue for the recovery, security, or protection of her property;
   (7) sue for any tort committed against her; and
   (8) appoint counsel to represent her in an action brought under § 4-205(b) or (c) or § 4-301(b) of this title”