MARRIED WOMEN’S PROPERTY ACT 1882

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MARRIED WOMEN’S PROPERTY ACT 1882

1882 CHAPTER 75

[APPLIES IN NIGERIA AS A STATUTE OF GENERAL APPLICATION]

ARRANGMENT OF SECTIONS

1,     Married woman to be capable of holding property and of contracting as a feme sole

2.     Property of a woman married after the Act to be held by her as a feme         sole

3.       Loans by wife to husband

4.       Execution of general power

5.       Property acquired after the Act by a woman married before the Act to          be held by her as a feme sole

6.       As to stock, to which a married woman is entitled

7.       As to stock to be transferred to a married woman

8.       Investments in joint names of married women and others

9.       As to stock, standing in the joint names of a married woman and others

10.     Fraudulent investments with money of husband

11.     Moneys payable under policy of assurance not to form part of estate of the insured

12.     Remedies of married women for protection and security of separate   property

13.     Wife’s ante-nuptial debts and liabilities

14.     Husband to be liable for his wife’s debts contracted before marriage to a      certain extent

15.     Suits for ante-nuptial liabilities

16.     Act of wife liable to criminal proceedings

17.     Questions between husband and wife as to property to be decided in a        summary way

18.     Married woman as an executrix or trustee

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

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

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

22.     Repeal of 33 & 34 Vict. c.93; 37 & 38 Vict. c.50

23.     Legal representative of married woman

24.     Interpretation of terms

25.     Commencement of Act

26.     Extent of Act

27.     Short title

MARRIED WOMEN’S PROPERTY ACT

An Act to consolidate and amend the Acts relating to the Property of Married Women.

[COMMENCEMENT]                                      [18th August 1882]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows :

1.      Married woman to be capable of holding property and of contracting as a feme sole

(1)     A married woman shall, in accordance with the provisions of this Act, be capable of acquiring, holding, and   disposing by will or otherwise, of any real or personal property as her separate property, in the same manner        as if she were a feme sole, without the intervention of any trustee.

(2)     A married woman shall be capable of entering into and rendering herself liable in respect of and to the extent of her separate property on any contract, and of suing and being sued, either in contract or in tort, or   otherwise, in all respects as if she were a feme sole, and her husband need not be joined with her as plaintiff o defendant, or be made a party to any action or other legal proceeding brought by or taken against her; and any damages or costs recovered by her in any such action or proceeding shall be her separate property ; and any damages or costs recovered against her in any such action or proceeding shall be payable out of her separate property, and not otherwise.

(3)     Every contract entered into by a married woman shall be deemed to be a contract entered into by her with respect to and to bind her separate property, unless the contrary be shown.

(4)     Every contract entered into by a married woman with respect to and to bind her separate property shall bind not only the separate property which she is possessed of or entitled to at the date of the contract, but also all   separate property which she may thereafter acquire.

(5)     Every married woman carrying on a trade separately from her husband shall, in respect of her separate property, be subject to the bankruptcy laws in the same way as if she were a feme sole.

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