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Married Woman

property and deeds

MARRIED WOMAN. A woman mar ried since January 1, 1883, is in the same position as an unmarried woman (leme sole) as regards her property, whether real or personal and whether acquired before or after January 1, 1883, and she can deal with it in any way she likes.

A woman married before January 1, 1883 :- (a) as regards any property acquired by her since that date she is in the same position as an unmarried woman and can freely dispose of it.

(b) as regards any property acquired by her before that date she is in the same position as she was before the pass ing of the Married Women's Pro perty Act, 1882, and any conveyance by her of her landed property is sub ject to the control of her husband.

When the title deeds of a property are deposited as security by a married woman, there is the possibility that the property may form part of a marriage settlement and be settled upon her subject to a restraint against anticipation ; that is, that she cannot either deposit the deeds or mortgage the property or deal with the future income.

This point is an important one to bear in mind and more particularly so, as the deeds themselves may not show any evidence that such a restraint exists.

Where a husband becomes a bankrupt, the wife may prove upon Ins estate along with the other creditors for any money lent to him for private purposes, but she may not prove with the other creditors for any money she may have lent to him for his business.

A married woman is not personally liable for borrowed money as is an unmarried woman and a man, but repayment may be enforced against any separate estate that she may have. Unless she is carrying on a business apart front her husband she cannot be made a bankrupt.