Married Women's Property (Scotland) Act 1920
| Jurisdiction | UK Non-devolved |
Married Women's Property (Scotland) Act, 1920
(10 & 11 Geo. 5.) CHAPTER 64.
An Act to amend the Law regarding the Property of Married Women in Scotland.
[23rd December 1920]
Be it enacted by the King'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 The right of administration wholly abolished.
1. After the passing of this Act the property, heritable or moveable, of a married woman shall not be subject to the right of administration of her husband, and that right is hereby wholly abolished, and a married woman shall, with regard to her estate, have the same powers of disposal as if she were unmarried; and any deed or writing executed by her with reference to her heritable estate in Scotland or to her moveable estate shall be as valid and effectual as if executed by her with consent of her husband according to the present law and practice.
2 Husband to be curator to his wife only during her minority.
2. A husband of full age, and subject to no legal incapacity, whose wife is in minority, shall be her curator during her minority, but no longer; but where the husband is in minority at the date of the marriage, or subject to some legal incapacity, the wife's father, or other curator, if she have any, shall be entitled to continue to act as such until she attains majority, or her husband's curatory commences.
3 Contracts and capacity to sue and be sued.
(1) A married woman shall be capable of entering into contracts and incurring obligations, and be capable of suing and being sued, as if she were not married, and her husband shall not be liable in respect of any contract she may enter into or obligation she may incur on her own behalf.
(2) A married woman, if living apart from or deserted by her husband, shall, on entering into any contract for the supply of goods or furnishings for herself or for her children, be deemed to bind her own estate in the same way as if she were unmarried, but without prejudice to the right of the person who supplied such goods or furnishings to recover the price thereof from such husband, if he shall be liable therefor in accordance with the...
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