The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1883-01-26
NUMBER 81.
Property Rights of Wives.

Property Rights of Wives.
In recent years the laws Of England
and of the United States have been
gradually charging the rights of mar
ried women. This has been especially
tho case with regard to tho property
which married women possess at the
time OF marriage, or which they acquire
afterwards.
Formerly, married women had but
few rights in property. Their possess
si0ns, whether held or inherited, or the
fruits of their own labor, were deemed
to belong of right TO their husbands;
who also exercised very complete
physical control oyer their wives.
The English Parliament, in its late
session, passed measure which extends
the rights of married women in their
property to further limit than ever be-
| fore.
BY this measure married woman
may not only have separate property,
but may make contracts in respect to it
which bind her alone; she may also
freely dispose Of her separate property,
not only her real estate, but her wages
and earnings" She alone becomes liza
BILE for her contracts and property debts,
on which she may now be sued separate
~ from her husband.
In view Of this change in the English
law, it is interesting to know what
rights the laws Of the United States now
accord to married women. 1t will be
found that they are quite as broad as
the rights just granted to English mar
ried women.
As the law does not differ materially
in different States, three or four Of the
larger States may be taken as illustra-
tions.
In Massachusetts,, both the real estate
and the personal property Of woman
remain her separate possession after
her marriage. She may "hold, manage.
and dispose of it, as il she were single,
so long as she does not destroy her huS-
bands fright of courtesy"
She may freely make binding con-
tracts with any one except her hus-
band. She may work for herself. and
is entitled to the separate control Of the
fruits Of her labor. She may execute
or administer estates, and become q
trustee. without the consent OF her hus-
band.
She may make a will as If she were
single; and. aside from her husband 8
courtesy" can leave her property to
whom she wishes. She may sue and
be sued; is not liable for her husbands
debts, nor il he for those Of her debts
contracted in business conducted by
herself separately.
In New York the wife's property, ac-
quired before marriage, remains hers
after marriage, Is in Massachusetts.
She may inherit property and hold it as
her own. She may insure her husbands
life. She may vote on the stock of in.
corporated companies. The husband
and wife may be jointly sued for the
wife's debts, but the estate of the wife
alone is liable for such debts.
In New York, too, as in Massachu-
sets, the fruits of married woman's
labor are secured to her alone. She
may carry on any trade or business,
and may freely dispose of her proper
ty. She may make power of attor-
ney. and dispose of her effects by will.
In Pennsylvania. married woman
can only do business on her own ac-
count if her husband neglects to pro-
vide for her. In this case. she has a
right to hold and dispose of the proper
ty which she then acquires. In this
State, too. she may hold separately the
property she owns at the time of the
marriage. But she can only sell her
real estate when her husband consents
and joins in the sale.
In Ohio. the separate control of the
wife also extends to both her real and
personal property; and she has all the
rights of single woman. in the case
that her husband deserts her. But she
can only lease her real estate for
period not exceeding three years. With
her consent, the husband may reduce
her property to his own possessions;
and then she cannot recover it again.
The law in Illinois does not material
ly differ from that of the States already
mentioned. There. too, the wife may
sue and be sued neither husband or
wife is liable for the debts of the other
contracted before marriage. The wife
may make contracts separately; but,
into partnership without her husbands
consent. unless he has deserted her. is
idiotic, insane or in the penitentiary.
She may use and hold her own earn
ings in her own name, nor can the hus-
band recover those earnings by suit
at law. Otherwise. the law of Illinois
gives the wife full right in real or per-
sonal property obtained by descent,
gift. or purchase. and she may '.man.
age. sell and convey it to the same cx-
tent that tho husband can convey his"
1t will be thus seen that our laws are
quite as broad in the protection of the
property rights of wives as the most re-
cent English measure; and that, praeti-
cally. woman's rights in this regard
are nearly. If not quite, as great as
those of her husband.