Married Women's Property Act 1882 - The Act

The Act

After years of political lobbying, the Married Women’s Property Act addressed the grievances presented by English women. The Act altered the common law doctrine of coverture to include the wife’s right to own, buy and sell her separate property. Wives' legal identities were also restored, as the courts were forced to recognize a husband and a wife as two separate legal entities, in the same manner as if the wife was a feme sole. Married women’s legal rights included the right to sue and be sued. Any damages a wife might pay would be her own responsibility, instead of that of her husband. Married women were then also liable for their own debts, and any outside trade they owned was subject to bankruptcy laws. Further, married women were able to hold stock in their own names. The Act applied in England (and Wales) and Ireland (subsequently only Northern Ireland), but did not extend to Scotland.

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