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Report No. 66

2.4. Acts of 1892 and 1935-provisions as to property.-

The Married Women's Property Act, 1882, provided1 (a) that any woman marrying after 1882 should be entitled to retain all property owned by her at the time of the marriage as her separate property, and that, (b) whenever she was married, any property acquired by a married woman after 1882 should be held by her in the same way.2

It also enacted that "A married woman shall be capable of acquiring, holding, and disposing by will or otherwise, of any real or personal property as her separate property, in the same manner as if she were a feme sole, without the intervention of any trustee."3

It further provided that the law relating to restraint upon anticipation should remain unaffected.4

It now became impossible for a married man to acquire any further interest in his wife's property "jure mariti" by operation of law.5

Other provisions of the Act of 1882 need not be considered at this place. Important amongst them are-the spouses' liability in contract, tort and criminal law, claims in bankruptcy, policies of insurance in favour of a spouse or children and disputes over property arising between spouses.6

1. Appendix 3.

2. Section's 2 and 5.

3. Section 1(1).

4. Section 9.

5. But a married woman still could not be made bankrupt unless she came within the express provisions of section 1(5) by carrying on a trade separately from her husband.

6. See paras. 2.7 to 2.10, infra.

Married Womens Property Act, 1874 Back

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