Maritial Property

Question 1

Before Married womens property act

Answer 1

Husband acquired ownership of wifes property. If she survived him she got a life estate in one third of his freehold estates and regained her own real property. Husband could not alienate property he acquired in the marriage without conveyance with wife.

In equity, women could have their property preserved for next of kin by putting it in trustees hands for wifes separate use. Danger that wife would alienate to her husband anyways, so could put in a restraint on alienation only removable by private act of parliament

Question 2

After Married Women’s Property Act 1882

Answer 2

extended equitable separate property to married women so they could retain seperate property they owned at the time of marriage and could acquire, hold and dispose of her separate property as if she was a femme sole.
Gave capacity to own property and removed the bar from action against her husband with regards to protecting her property. However did not create any obligation to share property with spouse, so often women were let with nothing if marriage broke down.

Question 3

What date was the Married Women’s Property Act rights adopted in British Columbia?

Answer 3

1900 in BC, 1884 in Ontario.