Massachusetts General Laws

Mass. Gen. Laws ch. 209, § 2 (2026)

Married woman; power to contract

✓ current as of July 2026

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Section 2. A married woman may make contracts, oral and written, sealed and unsealed, in the same manner as if she were sole, and may make such contracts with her husband.

Notes of Decisions

Cited in 21 cases, 1923–2020 · leading case: Lewis v. Lewis, 351 N.E.2d 526 (Mass. 1976).

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Lewis v. Lewis, 351 N.E.2d 526 (Mass. 1976). · cites it 3× “209, § 1), may enter into contracts in her own name (G. L. c. 209, § 2), and may sue and be sued in her own name without joinder of her husband, and without her husband’s being liable for judgments against her (G.”

Garrity v. Garrity, 504 N.E.2d 617 (Mass. 1987). · cites it 3× “10 The complaint also asserts that the plaintiff loaned the defendant money and that the defendant has refused to repay the plaintiff.”

A.Z. v. B.Z., 725 N.E.2d 1051 (Mass. 2000). “See G. L. c. 209, § 2 (married woman may make contracts with husband); Ames v.”

Surabian v. Surabian, 285 N.E.2d 909 (Mass. 1972). “…J., concurring in Phillips v. Martin Marietta Corp. 400 U. S. 542, 544-545 ). See St. 1963, c. 765, §§ 1, 2, amending G. L. c. 209, §§ 2, 6; St. 1971, c. 423, § 14, amending G. L. c. 209, § 1; .42 U. S. C. §§ 2000e-2, 2000e-3 (1970). See also Phillips v. Martin Marietta Corp.…”

Gahm v. Gahm, 243 Mass. 374 (Mass. 1923). “The common law disabilities of married women as to the making of contracts have been removed by statute so that they now can contract and sue and be sued in the same manner as if single, subject, however, to the limitation that contracts and suits between husband and wife are…”

Bucklin v. Nat'l Shawmut Bank of Boston, 244 N.E.2d 726 (Mass. 1969). · cites it 2× “Among the grounds assigned in the demurrer are that the bill does not state a case for relief and is grounded on a contract between husband and wife, which by reason of G. L. c. 209, § 2, was invalid. Since we are of opinion that the demurrer was rightly sustained on these…”

Farrington v. Boston Safe Deposit & Trust Co., 181 N.E. 779 (Mass. 1932). “Moreover, an agreement between husband and wife as to alimony made even at the time of the entry of a decree *125 nisi would not be enforceable under G. L. c. 209, § 2, as contracts between them would be a nullity.”

Madden v. Madden, 269 N.E.2d 89 (Mass. 1971). “G. L. c. 209, §§ 2, 6, as they were before St.”

Edgerly v. Equitable Life Assurance Soc'y of the United States, 191 N.E. 415 (Mass. 1934). “The defendant did not become liable to the plaintiff by reason of any acts or conduct in pursuance of the “joint venture ” considered as a partnership.”

Ricker v. Ricker, 143 N.E. 539 (Mass. 1924). “Contracts between husband and wife are prohibited; G. L. c. 209, § 2; and a promissory note for money lent by the wife to the husband is void; Gahm v.”

Druker v. Druker, 167 N.E. 638 (Mass. 1929). “Since the property is personalty, the lack of a "written instrument . . . creating or declaring” a trust, which the statute of frauds makes essential in the case of a "trust concerning land,” does not preclude the plaintiff from proving an express trust and thus limit her to…”

Ciarlo v. Ciarlo, 139 N.E. 344 (Mass. 1923). “See G. L. c. 209, § 2. Nor was the agreement in writing as required by the statute of frauds.”

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