CHAPTER
129
MARRIED WOMEN'S PROPERTY |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
Married woman to be capable of holding property
and of contracting as a femme sole. |
Property of a woman married after the Act to be
held by her as a femme sole. |
Loans by wife to husband. |
Execution of general power. |
Property acquired after the Act by a woman
married before the Act to be held by her as a femme sole. |
Moneys payable under policy of assurance not to
form part of estate of the husband. |
Remedies of married woman for protection and
security of separate property. |
Wife's ante-nuptial debts and liabilities. |
Husband to be liable for his wife's debts
contracted before marriage to a certain extent. |
Suits for ante-nuptial liabilities. |
Married woman as an executrix or trustee. |
Dispositions of trust estates by married women. |
Saving of existing settlement and the power to
make future settlements. |
Legal representative of married woman. |
Contracts entered into by married woman to bind
her separate property. |
|
Section 24 of the Wills Act to apply to will of
married woman. |
Wife may convey real estate to husband, or
husband may convey real estate to wife. |
|
CHAPTER 129 |
MARRIED WOMEN'S
PROPERTY |
An Act
relating to the property of married women. | 22 of 1884
16 of 1895
26 of 1998 |
[Commencement 14th
May, 1884] |
1. This Act may be cited as the Married Women's
Property Act. | Short title. |
2. (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 femme sole, without the intervention of any
trustee. | Married woman to be capable of holding property and of
contracting as a femme sole. |
(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 femme sole, and her husband need not be joined with her as
plaintiff or 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 action or proceeding shall be
payable out of her separate property, and not otherwise. |
(3) 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 femme sole. |
3. Every woman who marries after the commencement of
this Act shall be entitled to have and to hold as her separate property and to
dispose of in manner aforesaid all real and personal property which shall
belong to her at the time of marriage, or shall be acquired by or devolve upon
her after marriage, including any wages, earnings, money, and property gained
or acquired by her in any employment, trade or occupation, in which she is
engaged, or which she carries on separately from her husband, or by the exercise
of any literary, artistic or scientific skill. | Property of woman married after the Act to be held by
her as a femme sole. |
4. Any money or other estate of the wife lent or
entrusted by her to her husband for the purpose of any trade or business
carried on by him, or otherwise, shall be treated as assets of her husband's
estate in case of his bankruptcy, under reservation of the wife's claim to a
dividend as a creditor for the amount or value of such money or other estate
after, but not before, all claims of the other creditors of the husband for
valuable consideration in money or money's worth have been satisfied. | Loans by wife to husband. |
5. The execution of a general power by will by a
married woman shall have the effect of making the property appointed liable for
her debts and other liabilities in the same manner as her separate estate is
made liable under this Act. | Execution of general power. |
6. Every woman married before the commencement of this
Act shall be entitled to have and hold and to dispose of in manner aforesaid as
her separate property all real and personal property, her title to which,
whether vested or contingent, and whether in possession, reversion, or
remainder, shall accrue after the commencement of this Act, including any
wages, earnings, money and property, so gained or acquired by her as aforesaid. | Property acquired after the Act by a woman married
before the Act to be held by her as a femme sole. |
7. A married woman may, by virtue of the power of
making contracts hereinbefore contained, effect a policy upon her own life or
the life of her husband for her separate use; and the same and all benefit
thereof shall enure accordingly. | Moneys payable under policy of assurance not to form
part of estate of the husband. |
A policy of
assurance effected by any man on his own life, and expressed to be for the
benefit of his wife, or of his children, or of his wife and children, or any of
them, or by any woman on her own life, and expressed to be for the benefit of
her husband, or of her children, or of her husband and children, or any of
them, shall create a trust in favour of the objects therein named, and the
moneys payable under any such policy shall not, so long as any object of the
trust remains unperformed, form part of the estate of the insured, or be
subject to his or her debts: |
Provided that if
it shall be proved that the policy was effected and the premiums paid with
intent to defraud the creditors of the insured, they shall be entitled to
receive, out of the moneys payable under the policy, a sum equal to the
premiums so paid. The insured may by the policy, or by any memorandum under his
or her hand, appoint a trustee or trustees of the moneys payable under the
policy, and from time to time appoint a new trustee or new trustees thereof,
and may make provision for the appointment of a new trustee or new trustees
thereof, and for the investment of the moneys payable under any such policy. In
default of any such appointment of a trustee, such policy, immediately on its being
effected, shall vest in the insured and his or her legal personal
representatives, in trust for the purposes aforesaid. If, at the time of the
death of the insured, or at any time afterwards, there shall be no trustee, or
it shall be expedient to appoint a new trustee, or new trustees, a new trustee,
or new trustees may be appointed by any court having jurisdiction to make such
appointment. The receipt of a trustee or trustees duly appointed, or, in
default of any such appointment, or in default of notice to the insurance
office, the receipt of the legal personal representative of the insured shall
be a discharge to the office for the sum secured by the policy, or for the
value thereof, in whole or in part. |
8. Every woman, whether married before or after this
Act, shall have in her own name against all persons whomsoever, including her
husband, the same civil remedies, and also (subject, as regards her husband, to
the proviso contained in section 95 of the Penal Code) the same remedies
and redress by way of criminal proceedings, for the protection and security of
her own separate property, as if such property belonged to her as a femme
sole, but, except as aforesaid, no husband or wife shall be entitled to sue
the other for a tort. In any information or other proceeding under this section
it shall be sufficient to allege such property to be her property; and in any
proceeding under this section a husband or wife shall be competent to give
evidence against each other, any Act or rule of law to the contrary
notwithstanding. | Remedies of married woman for protection and security
of separate property. |
9. A woman after her marriage shall continue to be
liable in respect and to the extent of her separate property, for all debts
contracted, and all contracts entered into or wrongs committed by her before
her marriage, including any sums for which she may be liable as a contributory,
either before or after she has been placed on the list of contributories, under
and by virtue of the Acts relating to joint stock companies; and she may be
sued for any such debt and for any liability in damages or otherwise under any
such contract, or in respect of any such wrong; and all sums recovered against
her in respect thereof, or for any costs relating thereto, shall be payable out
of her separate property; and, as between her and her husband, unless there be
any contract between them to the contrary, her separate property shall be
deemed to be primarily liable for all such debts, contracts or wrongs, and for
all damages or costs recovered in respect thereof: | Wife's ante-nuptial debts and liabilities. |
Provided that
nothing in this Act shall operate to increase or diminish the liability of any
woman married before the commencement of this Act for any such debt, contract
or wrong, as aforesaid, except as to any separate property to which she may
become entitled by virtue of this Act, and to which she would not have been
entitled for her separate use under the Acts hereby repealed or otherwise, if
this Act had not passed. |
10. A husband shall be liable for the debts of his
wife contracted, and for all contracts entered into and wrongs committed by
her, before marriage, including any liabilities to which she may be so subject
under the Acts relating to joint stock companies as aforesaid, to the extent of
all property whatsoever belonging to his wife which he shall have acquired or
become entitled to from or through his wife, after deducting therefrom any
payments made by him, and any sums for which judgments may have been bona
fide recovered against him in any proceeding at law, in respect of any such
debts, contracts or wrongs for or in respect of which his wife was liable
before her marriage as aforesaid; but he shall not be liable for the same any
further or otherwise; and any court in which a husband shall be sued for any
such debt shall have power to direct any inquiry or proceedings which it may
think proper for the purpose of ascertaining the nature, amount or value of
such property: | Husband to be liable for his wife's debts contracted
before marriage to a certain extent. |
Provided that
nothing in this Act contained shall operate to increase or diminish the
liability of any husband married before the commencement of this Act for or in
respect of any such debt or other liability of his wife, as aforesaid. |
11. A husband and wife may be jointly sued in respect
of any such debt or other liability (whether by contract or for any wrong)
contracted or incurred by the wife before marriage as aforesaid, if the
plaintiff in the action shall seek to establish his claim, either wholly or in
part, against both of them; and if in any such action, or in any action brought
in respect of any such debt or liability against the husband alone, it is not
found that the husband is liable in respect of any property of the wife so
acquired by him or to which he shall have become so entitled as aforesaid, he
shall have judgment for his costs of defence, whatever may be the result of the
action against the wife if jointly sued with him; and in any such action
against husband and wife jointly, if it appears that the husband is liable for
the debt or damages recovered, or any part thereof, the judgment to the extent
of the amount for which the husband is liable shall be a joint judgment against
the husband personally and against the wife as to her separate property; and as
to the residue, if any, of such debt and damages, the judgment shall be a
separate judgment against the wife as to her separate property only. | Suits for antenuptial liabilities. |
12. A married woman who is an executrix or an
administratrix alone, or jointly with any other person or persons, of the
estate of any deceased person, or a trustee alone or jointly, as aforesaid, of
property subject to any trust, may sue or be sued, and may transfer, or join in
transferring, any sum invested in public debentures, or any share, stock,
debenture or other benefit, right, claim or other interest of, or in any such
corporation, company, public body or society in that character, without her
husband, as if she were a femme sole. | Married woman as an executrix or trustee. |
13. (1) A married woman is able, without her husband,
to dispose of, or join in disposing of, real or personal property held by her
solely or jointly with any other person as trustee or personal representative
in like manner as if she were a femme sole. | Dispositions of trust estates by married women. |
(2) This section
operates to render valid and confirm all such dispositions made after the
thirteenth day of May one thousand eight hundred and eighty-four, whether
before or after the commencement of this section, but, where any title or right
has been acquired through or with the concurrence of the husband before the
commencement of this section that title or right shall prevail over any title or
right which would otherwise be rendered valid by this section. |
14. Nothing in this Act contained shall interfere
with, or affect any settlement, or agreement for a settlement, made or to be
made, whether before or after marriage, respecting the property of any married
woman, or shall interfere with, or render inoperative any restriction against
anticipation at present attached, or to be hereafter attached, to the enjoyment
of any property or income by a woman under any settlement, agreement for a
settlement, will, or other instrument; but no restriction against anticipation
contained in any settlement or agreement for a settlement, of a woman's own
property, to be made or entered into by herself, shall have any validity
against debts contracted by her before marriage, and no settlement or agreement
for a settlement shall have any greater force or validity against the creditors
of such woman than a like settlement or agreement for a settlement made or
entered into by a man would have against his creditors. | Saving of existing settlement and the power to make
future settlements. |
15. For the purposes of this Act the legal personal
representative of any married woman shall in respect of her separate estate
have the same rights and liabilities and be subject to the same jurisdiction as
she would be if she were living alone. | Legal representative of married woman. |
16. Every contract hereafter entered into by a married
woman, otherwise than as agent- | Contracts entered into by married woman to bind her
separate property. |
(a) shall be
deemed to be a contract entered into by her with respect to and to bind her
separate property whether she is or is not in fact possessed or or entitled to
any separate property at the time when she enters into such contract; |
(b) shall bind
all separate property which she may at that time or thereafter be possessed of
or entitled to; |
(c) shall also
be enforceable by process of law against all property which she may thereafter
while discovert be possessed of or entitled to: |
Provided that
nothing in this section contained shall render available to satisfy any
liability or obligation arising out of such contract any separate property
which at that time or thereafter she is restrained from anticipating. |
17. In any action or proceeding now or hereafter
instituted by a woman or by a next friend on her behalf the court before which
such action or proceeding is pending shall have jurisdiction by judgment or
order from time to time to order payment of the costs of the opposite party out
of property which is subject to a restraint on anticipation, and may enforce
such payment by the sale of the property by execution or otherwise as may be
just. | Payment of costs. |
18. Section 24 of the Act of the Imperial Parliament
entitled the
Wills Act, 1837, declared in force in The Bahamas by the Act, fourth Victoria,
Chapter twenty-three, shall apply to the will of a married woman made during
coverture, whether she is or is not possessed of or entitled to any separate
property at the time of making it, and such will shall not require to be
re-executed or republished after the death of her husband. | Section 24 of the Wills Act to apply to will of
married woman. |
19. A married woman may convey any real estate
possessed by her as her separate property to her husband, and a husband may
convey any real estate to his wife, alone or jointly with another person. | Wife may convey real estate to husband, or husband may
convey real estate to wife. |
20. The word "contract" in this Act shall
include the acceptance of any trust, or of the office of executrix or
administratrix, and the provisions of this Act as to liabilities of married
women shall extend to all liabilities by reason of any breach of trust or devastavit
committed by any married woman being a trustee or executrix or administratrix
either before or after her marriage, and her husband shall not be subject to
such liabilities unless he has acted or intermeddled in the trust or
administration. The word "property" in this Act includes a thing in
action. | Interpretation. |