However, should the husband neglect to sue for the recovery of any separate property of his wife she may, with the permission of the court, sue for it in her own name; or should the husband refuse to support his wife and educate her children as her fortune would warrant, the county court may in answer to her complaint require a fixed portion of the proceeds from her property to be paid to her.
Either husband or wife may hold, manage and dispose of his or her separate property independent of the other, but property which they hold in common is under the management and control of the husband except that he cannot devise by will more than one-half of the community real or personal property, or convey, mortgage or encumber any of the community real estate unless his wife joins him.
If the owner is a married man the homestead may be selected from the community property but not the wife's separate property without her consent, and when it has been selected, even if from the husband's separate property, it cannot be encumbered or conveyed without the wife's consent.
Neither husband nor wife has any interest in the separate property of the other and the wife may convey her real estate, other than a homestead, without her husband's consent, but the husband must support his wife out of his property or by his labour if he is able, and if he is unable the wife must support him so far as possible out of her property.
A married woman may manage her separate property as if she were single, except that she cannot by her sole act deprive her husband of his courtesy in her real estate.