MARRIED WOMEN'S PROPERTY ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Capacity of married women

   3   Property of married women

   4   Abolition of husband's liability for wife's torts and antenuptial contracts, debts and obligations

   5   Savings

   6   Provisions as to husband

   7   As to stocks, etc, to which a married woman is entitled

   8   As to stocks, etc, to be transferred, etc, to a married woman

   9   Investments in joint names of married women and others

   10   As to stock, etc, standing in the joint names of a married woman and others

   11   Fraudulent investments with money of husband

   12   [Repealed by Act 30 of 1995.]

   13   Criminal proceedings by married woman in respect of her property

   14   Wife's antenuptial debts, and liabilities

   15   Acts of wife liable to criminal proceedings

   16   [Repealed by Act 4 of 2004 s 25.]

   17   [Repealed by Act 4 of 2004 s 25.]

   18   Married woman as an executrix or trustee

   19   Saving of existing settlements and the power to make future settlements

   20   Costs may be ordered to be paid out of property subject to restraint on anticipation

   21   Will of married woman

   22   Married woman to be liable to the parish for the maintenance of her husband

   23   Married woman to be liable to the parish for the maintenance of her children

   24   Family Court

 

THE MARRIED WOMEN'S PROPERTY ACT

[Date of Commencement: 1st January, 1887]

Cap 239.

Acts
33 of 1969,
11 of 1970,
41 of 1975,
30 of 1995,
4 of 2004.

LNs
149/78,
64/80.

1   Short title

   This Act may be cited as the Married Women's Property Act.

2   Capacity of married

   Subject to the provisions of this Act, a married woman shall-

[11/1970 s 2.]

   (a)   be capable of acquiring, holding and disposing of, any property; and

   (b)   be capable of rendering herself, and being rendered, liable in respect of any tort, contract, debt or obligation; and

   (c)   be capable of suing and being sued, either in tort or in contract or otherwise; and

   (d)   be subject to the law relating to bankruptcy and to the enforcement of judgments and orders,

in all respects as if she were a feme sole.

3   Property of married women

   (1) Subject to the provisions of this Act all property which

   (a)   immediately before the 1st day of June, 1941, was the separate property of a married woman or held for her separate use in equity; or

   (b)   belongs at the time of her marriage to a woman married on or after the 1st day of June, 1941; or

   (c)   on or after the 1st day of June, 1941, is acquired by or devolves upon a married woman, shall belong to her in all respects as if she were a feme sole and may be disposed of accordingly:

   Provided that nothing in this subsection shall interfere with or render inoperative any restriction upon anticipation or alienation attached to the enjoyment of any property by virtue of any provision attaching such a restriction, contained in any enactment passed before the 1st day of June, 1941, or in any instrument executed perform the 1st day of September, 1941.

   (2) Any instrument executed on or after the 1st day of September, 1941, shall, in so far as it purports to attach to the enjoyment of any property by a woman any restriction upon anticipation or alienation which could not have been attached to the enjoyment of that property by a man, be void.

   (3) For the purposes of the provisions of this section relating to restrictions upon anticipation or alienation-

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   (a)   an instrument attaching such a restriction as aforesaid executed on or after the 1st day of September, 1941, in pursuance of an obligation imposed before that date to attach such a restriction shall be deemed to have been executed before the said 1st day of September, 1941;

   (b)   a provision contained in an instrument made in exercise of a special power of appointment shall be deemed to be contained in that instrument only and not in the instrument by which the power was created; and

   (c)   the will of any testator who dies after the 31st day of December, 1945, shall (notwithstanding the actual date of the execution thereof) be deemed to have been executed after the 1st day of September, 1941.

4   Abolition of husband's liability for wife's torts and antenuptial contracts, debts and obligations

   Subject to the provisions of this Act, the husband of a married woman shall not, by reason only of his being her husband, be liable-

   (a)   in respect of any tort committed by her whether before or after the marriage, or in respect of any contract entered into, or debt or obligation incurred by her before the marriage; or

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