Marital Property

Question 1

Historical - CL

Answer 1

Women who married lost their property (husband seized it all and became entitled to all income from the land).

Question 2

Marital unity

Answer 2

husband and wife acted together, husband jointly liable for all of wife’s torts, she could not contract or sue

Question 3

Curtesy

Answer 3

If wife died, husband automatically got life estate in all land she brought into the marriage

Question 4

Dower

Answer 4

if husband died, wife entitled to 1/3 of her husband’s realty. This was designed to provide her with shelter and get around rules of primogeniture.

Question 5

Historical - Equity

Answer 5

Increased women’s legal capacity. The use allowed women to have property separate from husband, with restraints on alienation to avoid coercive influence.

Question 6

Married Women’s Property Act

Answer 6

Adopted equity approach, allowing women to have separate property.