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Report No. 66

Property of married women

2.(1) Subject to the provisions of this Part of this Act all property which-

(a) immediately before the passing of this Act was the separate property of a married woman or held for her separate use in equity; or

(b) belongs at the time of her marriage to a woman married after the passing of this Act; or

(c) after the passing of this Act is acquired by or devolves upon a married woman, shall belong to her in all respects as if she were a feme sole and may be disposed of accordingly;

[Proviso and sub-sections (2) and (3) repealed by Married Women (Restraint upon Anticipation) Act, 1949 (c. 78), s. 1, Sched. 2].

Abolition of husband's liability for wife in torts and ante-nuptial contracts, debts and obligations

3. Subject to the provisions of this Part of this Act, the husband of a married woman not, by reason only of his being her husband, be liable-

(a) respect of any tort committed by her whether before or after the marriage, or in respect of any contract entered into, or debt or obligation incurred, by her before the marriage; or

(b) to be sued, or made a party to any legal proceeding brought, in respect of any such tort, contract, debt, or obligation.

Married Womens Property Act, 1874 Back

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