[Sidenote: Conveyances to each other valid.]

[Sidenote: Conveyances to third parties.]

A conveyance, transfer or lien executed by either husband or wife, to or
in favor of the other shall be valid to the same extent as between other
persons [§3397.] When the rights of creditors might be prejudiced by
transfers of property between husband and wife, such transactions will
be closely scrutinized, and the utmost good faith must plainly appear,
but where no fraudulent intention is shown they will be upheld if based
upon an adequate consideration. If a conveyance is made by the husband
to the wife when the husband is largely indebted and insolvent, such
conveyance is presumptively fraudulent, but a conveyance to a wife in
payment of a valid claim, even though made at a time when the husband is
largely indebted to others, will not be considered fraudulent the wife
having the same right as other creditors to obtain payment. All
contracts between husband and wife where no other consideration appears
than an agreement to perform some duty already incumbent upon the
parties, because of their relations as husband and wife, are against
public policy, and will not be enforced in law. Such, for example, as a
promise by the husband to pay money to the wife to induce her to live
with him, when she has no legal ground for not living with him; or an
agreement to allow the husband to obtain a divorce when he has no legal
cause for divorce, or a conveyance of property in consideration of
future care and support because the husband is growing old; or a
contract between husband and wife by which the husband agrees to pay the
wife at stated intervals, sums of money, in consideration of the
faithful performance by the wife of the obligations incident to the
marriage relation. But our courts have held that exempt property may be
transferred by the husband to the wife without any consideration; that a