Married Women's Property Act 1870
Encyclopedia
The Married Women's Property Act 1870 (33 & 34 Vict. c.93) was an Act
of the Parliament of the United Kingdom
that allowed women to legally be the rightful owners of the money they earned and to inherit property.
, from investment
, by gift, or through inheritance
automatically became the property of her husband once she got married. This was because married women had few legal rights and were by law not recognized as being a separate legal being - a feme sole. In contrast, single and widowed women were considered in common law to be feme soles, and they already had the right to own property in their own names. A long and energetic campaign by different women's groups and some men led to the passing of this Act. For example, any copyrighted material would have the copyright pass to the husband on marriage. This would be analogous to copyright of the work done as part of the employment being owned by the employer.
The Married Women's Property Act of 1870 provided that wages and property which a wife earned through her own work would be regarded as her separate property and, in 1882, this principle was extended to all property, regardless of its source or the time of its acquisition.
This essentially gave married women a separate statutory estate, and released them from coverture
. It was for the first time theoretically possible for married women to live away from their husbands and support their own children themselves. However, widowed women with children, as femes soles, had already had the right to own property and support their children.
was that any property a woman had in her own name before marriage legally became her husband's property. However, after the marriage, she could inherit property in her own name from her next of kin. The act was not retroactive; thus, any woman who married prior to this act coming into legal effect could not recover property she had held before marriage (if she had any). This greatly limited the effect this act had on married women.
This law could also be easily be evaded, as any property put into a trust was not affected by this act.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
that allowed women to legally be the rightful owners of the money they earned and to inherit property.
Background
Prior to this enactment any money made by a woman either through a wageWage
A wage is a compensation, usually financial, received by workers in exchange for their labor.Compensation in terms of wages is given to workers and compensation in terms of salary is given to employees...
, from investment
Investment
Investment has different meanings in finance and economics. Finance investment is putting money into something with the expectation of gain, that upon thorough analysis, has a high degree of security for the principal amount, as well as security of return, within an expected period of time...
, by gift, or through inheritance
Inheritance
Inheritance is the practice of passing on property, titles, debts, rights and obligations upon the death of an individual. It has long played an important role in human societies...
automatically became the property of her husband once she got married. This was because married women had few legal rights and were by law not recognized as being a separate legal being - a feme sole. In contrast, single and widowed women were considered in common law to be feme soles, and they already had the right to own property in their own names. A long and energetic campaign by different women's groups and some men led to the passing of this Act. For example, any copyrighted material would have the copyright pass to the husband on marriage. This would be analogous to copyright of the work done as part of the employment being owned by the employer.
The Married Women's Property Act of 1870 provided that wages and property which a wife earned through her own work would be regarded as her separate property and, in 1882, this principle was extended to all property, regardless of its source or the time of its acquisition.
This essentially gave married women a separate statutory estate, and released them from coverture
Coverture
Coverture was a legal doctrine whereby, upon marriage, a woman's legal rights were subsumed by those of her husband. Coverture was enshrined in the common law of England and the United States throughout most of the 19th century...
. It was for the first time theoretically possible for married women to live away from their husbands and support their own children themselves. However, widowed women with children, as femes soles, had already had the right to own property and support their children.
Contents of the act
The most important sections of the act were:- 1. The wages and earning made by a wife were to be held by her for her own separate use, independently from her husband. The meaning of wages included money made from any employment, occupation, or trade, or the use of any skill such as a literary, scientific, or artistic skill that resulted in money being made. This section also covered investments made with the money earned.
- 7. This section dealt mostly with inheritance of property. A wife was allowed to keep any property she inherited from her next of kin as her own, subject to that property not being bound in a trustTrust lawIn common law legal systems, a trust is a relationship whereby property is held by one party for the benefit of another...
. She could also inherit money up to £200.
- 8. This section allowed a married woman to continue to hold rented property in her own name and to inherit rented property.
- 14. This section made married women liable to maintain her children from the profits earned from her personal property. It also continued the liability of the husband to maintain his children. In effect, this section made both parents legally liable while each spouse held separate property.
Shortcomings
The act dealt mostly with the earnings of married women and was not very specific about married women's property rights. A major loopholeLoophole
A loophole is a weakness that allows a system to be circumvented.Loophole may also refer to:*Arrowslit, a slit in a castle wall*Loophole , a short science fiction story by Arthur C...
was that any property a woman had in her own name before marriage legally became her husband's property. However, after the marriage, she could inherit property in her own name from her next of kin. The act was not retroactive; thus, any woman who married prior to this act coming into legal effect could not recover property she had held before marriage (if she had any). This greatly limited the effect this act had on married women.
This law could also be easily be evaded, as any property put into a trust was not affected by this act.