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Report No. 66

Chapter 11

Ante-Nuptial Debts

11.1. Section 9.-

Section 9 provides that the husband is not liable for the ante-nuptial debts of the wife. It reads:

"9. Husband not liable for wife's ante-nuptial debts.-A husband married after the thirty-first day of December, 1865 shall not, by reason only of such marriage, be liable to the debts of his wife contracted before marriage, but the wife shall be liable to be sued for, and shall, to the extent of her separate property, be liable to satisfy such debts as if she had continued unmarried:

Provided that nothing contained in this section shall invalidate any contract into which a husband may, before the passing of this Act, have entered in consideration of his wife's ante-nuptial debts."

In this section, the expression "separate" should be deleted, and we recommended accordingly.1 We are also recommending restructuring of sections 7-10.

1. See also Chapter 14, infra.

Married Womens Property Act, 1874 Back

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