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Report No. 66

5.10. Position regarding unmarried woman.-

A restraint on anticipation could even be attached to the separate property of an unmarried woman. But, in this case, she could deal with the property as if there were no restraint, and could also totally remove the restraint by executing a deed poll to this effect. A woman to whose separate property a restraint had been attached before or during coverture could do the same after the marriage was terminated by her husband's death or by divorce. But, in the absence of any such deed, as soon as she married or re-married, the restraint became operative as regards any property not alienated whilst she was a feme sole.

Married Womens Property Act, 1874 Back

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