Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694871789220.pdf (Dominica)
Aspects of the MARRIED WOMEN’S PROPERTY ACT CHAPTER 35:60 OF THE REVISED LAWS OF DOMINICA.

(1990) Explained A project of the Bureau of Gender Affairs ‘Laws pertaining to women and families’ funded by the OECS/CIDA Judicial and Legal Reform Project.
Prepared by: Gloria Septra Augustus Attorney-at-Law January 2003 Produced by: The Bureau of Gender Affairs The Globe 106 Independence Street Roseau Tel: 767 266-344 / 3023 Fax: 767 4487855 Email: genderaffairs@dominica.gov.dm 8 INTRODUCTION The Bureau of Gender Affairs has launched a series of booklets on laws pertaining to women and their families.

It is proposed to discuss the key pieces of legislation which exist in Dominica to date reference the above.
It hopes to facilitate understanding of these relevant pieces of legislation which would serve to promote guidance in decision making as regards the law.

The Bureau of Gender Affairs expresses its sincere gratitude to Ms. Gloria S. Augustus, Attorney-at-Law for preparation of the booklets.
Areas of legislation addresed in the series are:  Maintenance Act  Registration of Births and Deaths Act  Intestates Estate Act  Protection Against Domestic Violence Act  Married Women’s Property Act  Can a wife take legal action against the husband for damage to her property?

A husband can take legal action against his wife for any act that his wife does with respect to his property which would lead to a criminal charge.

The wife also has the same rights with respect to her property.
NOTE: The information contained in this publication is intended to be and should be considered solely as a guide and should not be quoted as, or considered to be, the Legal authority.

It may become non- applicable in whole or in part by virtue of changes made in the legislation or its interpretation.
Final authority must be found in the Married Womens Property Act chapter 35:60 of the Revised Laws of the Commonwealth of Dominica, its regulations and related legislation and in decision of the courts interpreting them.

2 7  If I invest with money belonging to my husband without his consent, is it my property?

If the matter is in dispute, your husband can make an application to a judge to make an order in respect of the property.

This application can be heard in chambers.


The Court may order that the investment and dividends or a part of it be paid to the husband.

Any order by the judge can be appealed.

 Can a married woman insure her life?

Yes.

A married woman may insure her life for her own use.

 Is a husband liable for his wife’s debts?

A husband can be liable for his wife’s debts she contracted before marriage, in certain circumstances.
However, generally any debts the wife incurred prior to marriage is her responsibility.

It does not transfer to her husband upon marriage.

 Can a wife appoint someone else to administer her property?

Yes.

A wife can appoint an attorney on her behalf to execute any deed or do any other act which she has the power to do.

MARRIED WOMEN’S PROPERTY  Does the Act only apply to couples who are Married?

Yes.

Persons in common law relationships are not provided for under this law.
There is also no law which deals specifically with property law relationships.

in common  As a married woman can I own property in my name?

This Act makes it possible for a married woman to acquire hold and dispose of property.

Yes.

A married woman can own real or personal property as her separate property.

Any property she had before the marriage remains hers.

She can if she wants to put her husband name on any property, account or stock she owns.

It is her decision to make voluntarily.


She does not need any permission from her husband to own saving account, hold stock or any investment in her sole name.

 If after the marriage I have bought a property is my share jointly with my husband what entitlement?

It is up to you and your husband to decide.

You can hold property as joint tenants or tenants in common.
(As joint 6 3 tenants between yourselves you will have separate rights, but against anyone else you all will be in the position of a single owner).

While you are alive you can decide to request your share and sell it, but it is not always easy to find buyers who will enter into that arrangement.

If you die before your husband he will inherit your share automatically and become the owner of all the property.

If he dies before you, the entire property will be yours.
Remember the two persons hold the property as if they were one person.

This arrangement will be evidenced by the words ‘as joint tenants’ on the Certificate of Title.

This right is not ousted by a joint tenant’s will or intestacy.

It is commonly said that joint tenants hold all or nothing.

If you own the property as tenants in common then you will each own an undivided half set (i.e.

distinct shares which has not yet been divided).


You can sell your share but as explained above but the same difficulties may arise.

The main difference is that if you die before your husband he will not automatically inherit your share.

There is no right of survivorship.

This become part of your estate which you can leave to anybody by a will.
If you died without making a will then your share in the property will if it is not required to pay debts or expenses divided according to the rules in the Intestate Estates Act.

 Can I enter into my own contracts?

A wife can enter into contracts on her own.

In that case she can sue and be sued in her own name.

Any funds received from any such action shall be her separate property.

If she has to pay costs and damages this will only be against her separate property.
 If I give my husband a loan for his business, what is my entitlement?

If a wife lends money or give property to her husband for the purpose of any business or trade carried out by him then if the business goes bankrupt the property or money is treated as part of the business assets of the husband.

The wife can claim a dividend or interest as a creditor for the value of the money or property given.
The wife however will only receive the dividend or interest after all other creditors of the husband’s business who are owed money are paid.

 Do I need my husband’s consent to deal with deposits and stocks in my name?

No.

Deposits in a bank account, debentures, stock etc.

in the name of a married women is evidence that she is entitled to them and this allows her to receive and transfer them without the consent of her husband.

 Do I need my husband’s consent to invest his money?

No.
No.

A married woman may invest the money of her husband without his consent.

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