may be in possession of the husband and the creditors have no notice of
the wife's ownership.

[Sidenote: Remedy by one against the other.]

Should either the husband or wife obtain possession or control of
property belonging to the other, either before or after marriage, the
owner of the property may maintain an action therefor, or for any right
growing out of the same, in the same manner and extent as if they were
unmarried. [§3395.] If property or money belonging to the wife, but in
possession of the husband is used by him, with her knowledge and
consent, in the payment of debts incurred for family expenses, or for
other purposes connected with the support of the family, she cannot
recover for the same, in the absence of an express agreement on his part
to repay her. If a wife advances money or property to her husband to be
used as he may choose, the presumption is that she does so in view of
the mutual benefits which may accrue from the advancement and she cannot
recover the same unless there is an agreement for its repayment.

[Sidenote: Husband not liable for wife's torts.]

For all civil injuries committed by a married woman, damages may be
recovered from her alone, and her husband shall not be responsible
therefor except in cases where he would be jointly responsible with her
if the marriage did not exist [§3396.] This statute abrogates the rule
of the common law, making a husband responsible for civil injuries
committed by his wife. The common law presumption that criminal acts
done in the presence of the husband were by compulsion, is still
recognized in this State but may be overcome by proof to the contrary.