Married Women's Property Acts

A series of statutes referred to as the “Married Women's Property Acts” were enacted in the United States and Britain in the latter half of the 19th century to remedy the subordinate legal status of married women. At this time, both law and custom meant women had significantly fewer rights than men, the property rights of women being dependent on their marital status. Under the common law doctrine of coverture, a married woman did not have a legal identity separate from that of her husband, and the property women brought into marriage, or acquired subsequently, passed into his control. Reform of the marriage laws was a primary concern of the women's movement, and securing property rights for married women paved the way for wider political campaigns.

English marital law was underpinned by the common law doctrine of coverture, whereby women were “under cover” of their husband. This doctrine, also recognized by American state courts, prevented women from owning any property free from their husband's control. Married women could not make wills, and a husband could overrule any bequests his wife made of her personal property. Married women were thus not entitled to an independent legal or economic identity. While settlements under equity allowed some women control over property brought into marriages, through prénuptial agreements or the establishing of trusts, these were costly and motivated more by the importance of protecting family wealth rather than the rights of women.

Campaigning by first-wave feminists, including prominent activists such as Josephine Butler, Elizabeth Cady Stanton, and Susan B. Anthony, contributed to major reforms in marital property rights. Resistance to reforms, however, meant that the granting of property rights was gradual and piecemeal. In Britain, 18 Married Women Property Bills were introduced into Parliament between 1857 and 1882, while the American states varied considerably in how fast and far they proceeded.

In arguing for laws to protect the private property of married women, feminists drew on liberal principles of freedom, equality, and justice. While liberal theory held that adults should receive equal treatment under the law, family relationships were seen as part of the private realm, distinct from the public world. Feminist arguments challenged this “separate spheres” doctrine and understandings of a married woman as an extension of her husband. The campaigns focused on legal inequalities between husband and wife, rather than broader social inequalities. Furthermore, while these reforms did increase the rights of married women, they did not [Page 511]ensure equality within marriage: Rights to a share in joint property and earnings or against marital rape were not enacted until the late 20th century. Nevertheless, these acts enabled campaigns for equality in others spheres and helped to pave the way to broader legal and political reforms.