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©State of Queensland
QUEENSLAND
THE MARRIED WOMEN'S PROPERTY ACTS, 1890 to 1952
Married Women's Property Act, 1890, 54 Vic. No.9 As amended by
Married Women's Property Act, 1897, 61 Vic. No.2 (Repealed) Criminal Code Act, 1899, 63 Vic. No.9
Life Assurance Companies Act of 1901, 1 Edw. 7 No. 20 Statute Law Revision Act of 1908, 8 Edw. 7 No. 18
Married Women's Property Act Amendment Act of 1943, 7 Geo. 6 No.
6
Married Women (Restraint Upon Anticipation) Act of 1952, 1 Eliz. 2 No. 36
Law Reform (Husband and Wife) Act of 1968, No. 15
An Act to Amend the Law relating to the Property and Contracts of Married Women
[ASSENTED TO 5 NOVEMBER, 1890]
Preamble repealed by Act of 1908,8 Edw. 7, No. 18, s. 2.
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative As.:;embly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
1. Commencement and. short title. This Act shall come into force on the first day of January, one thousand eight hundred and ninety- one, and may be cited as "The Married Women's Property Act, 1890."
Collective title conferred by Act of 1952, I Eliz. 2 No. 36, s. 1 (2).
2. Reservations. Nothing in this Act shall--
(1) Company not required to admit married woman as shareholder contrary to constitution. 45 & 46 Vic. c. 75, s. 7. Require or authorise any corporation or joint-stock company to admit any married woman to be a holder of shares or stock therein to which any liability may be incident, contrary to the provisions of any statute, charter, by-law, articles of association, or deed of settlement regulating such corporation;
nor
(2) Rights of creditors against fraudulent gifts. 45 & 46 Vic. c.
75, s. 10. Give validity as against creditors of a husband to any gift by the husband to his wife, of any property which, after such gift, shall continue to be in the order or disposition or reputed ownership of the husband, or to any deposit or other investment of moneys of the husband made by or in the name of his wife in fraud of his creditors; but any moneys so deposited or invested may be followed as if this Act had not been passed; nor '
(3) Liability of women already married not affected, except in respect of property acquired by them under Act. 45 & 46 Vic. c. 75, s. 13. Increase or diminish the liability of any woman married before the commencement of this Act for any debts contracted, contracts entered into, or wrongs committed by her before her marriage, 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 if this Act had not been passed;
nor
(4) Liabilities of husband already married not affected. 45 & 46 Vic. c. 75, s. 14. Operate to increase or diminish the liability of any husband married before the commencement of this Act for or in respect of the debts of his wife contracted, or contr.acts entered into, or wrongs committed, by her before marrIage; nor
(5) Certain settlements not affected. 45 & 46 Vic. c. 75, s. 19.
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, but no settlement or agreement for a settlement shall have any greater force or validity against 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;
nor
(6) Husband's liability to maintain children. 45 & 46 Vic. c. 75, s. 21. Relieve a husband from any liability imposed upon him by law to maintain the children of his wife.
As amended by Act of 1952, 1 Eliz. 2 No. 36, s. 6 (a).
3-7. (Repealed).
Repealed by Act of 1952, 1 Eliz. 2 No. 36, s. 6 (b).
8. Investments now made in name of married woman. 45 & 46 Vic.
c. 75, s. 6. All investments which at the commencement of this Act are standing in the sole name of a married woman shall be deemed, unless and until the contrary be shown, to be the property of such married woman; and the fact that the same are standing in the sole name of a married woman shall be sufficient prima facie evidence that she is beneficially entitled thereto, so as to authorise and empower her to
5.9 . MARRIED WOMEN'S PROPERTY ACTS, 1890 TO 1952 s.13 3
receive, sell, mortgage, charge, transfer, or otherwise deal with the same, and to receive the dividends, rents, issues, profits, and income thereof, without the concurrence of her husband, and to indemnify all persons acting upon or under any such receipt, sale, mortgage, charge, transfer, or other dealing in respect thereof.
As amended by Act of 1952, 1 E1iz. 2 No. 36, s. 6 (c).
9. Investments hereafter vested in married woman. 45 & 46 Vic. c.
75, s. 7. All investments which after the commencement of this Act shall be allotted to or placed, registered, or transferred in or into, or made to stand in the sole name of any married woman, shall be deemed, unless and until the contrary be shown, to be her property, in respect of which, so far as any liability may be incident thereto, she alone shall be liable.
As amended by Act of 1952, 1 Eliz. 2 No. 36, s. 6 (d).
10. Investments in joint names of married women and others. 45 &
46 Vic. c. 75, s. 8. All the provisions hereinbefore contained as to investments which at the commencement of this Act shall be standing in the sole name of a married woman, or which after that time shall be allotted to or placed, or registered or transferred to or into, or made to stand in the sole name of a married woman, shall respectively extend and apply, so far as relates to the estate, right, title, or interest of the married woman, to any investments which, at the commencement of this Act or at any time afterwards, shall be standing in, or shall be allotted to, placed, registered, or transferred to or into, or made to stand in the name of any married woman jointly with any persons or person other than her husband.
U. Husband need not join in transfer. 45 & 46 Vic. c. 75, s. 9. It shall not be necessary for the husband of any married woman, in respect of her interest, to join in the transfer of or other dealing with an investment which is now or shall at any time hereafter be standing in the sole name of any married woman, or in the name of such married woman jointly with any persons or person other than her husband, whether for her own benefit or as executrix or administratrix or as a trustee.
12. Married woman as an executrix or trustee. 45 & 46 Vic. c. 75, s. 18. A married woman who is an executrix or administratrix, alone or jointly with any persons or person other than her husband, of the estate of any deceased person, or as trustee, alone or jointly as aforesaid, of any investments or property subject to any trust, shall and may, in that character, without her husband, have and exercise all rights, and execute and perform all powers and functions, and be subject to all liabilities as if she were unmarried.
13. Investments with money of husband. 45 & 46 Vic. c. 75, s. 10.
If any investment shall have been acquired by a married woman by means of moneys of her husband, without his consent, the court may, upon an application under the provisions of this Act, order such
investment, and the dividends or income thereof, or any part thereof, to be transferred and paid to the husband.
14. (Repealed).
Repealed by Act of 1901, 1 Edw. 7 No. 20, s. 3.
15. Remedies of married women for protection and security of property. 45 & 46 Vic. c. 75, s. 12. 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, for the protection and security of her own property, as if she were an unmarried woman.
As amended by Act of 1899, 63 Vic. No.9, s. 3; Act of 1952, 1 Eliz. 2 No. 36, s. 6 (e); Act of 1968, No. 15, s. 5 Sch.
16, 17. (Repealed).
Repealed by Act of 1899, 63 Vic. No.9, s. 3.
18. Wife's antenuptial debts and liabilities. 45 & 46 Vic. c. 75, s.
13. A woman after her marriage shall continue to be liable for aU 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.
As amended by Act of 1952, 1 Eliz. 2 No. 36, s. 6 (t).
19, 20. (Repealed).
Repealed by Act of 1952, 1 Eliz. 2 No. 36, s. 6 (g).
21. Questions between husband and wife as to property to be decided in a summary way. 45 & 46 Vic. c. 75, s. 17. In any question between husband and wife as to the title to or possession of investments or other property, either party, or any person, bank, corporation, company, public body, society, or public officer, in whose books any investments or property of either party are or is standing, may apply by summons or otherwise in a summary way to any judge of the Supreme Court, or (at the option of the applicant irrespectively of the value of the property in dispute) to a judge of the District Court of the district in which either party resides.
Such judge may, on such application, make such order with respect to the property in dispute and as to the costs of and consequent upon the application as he thinks fit, or may direct the application to stand over from time to time, and any inquiry touching the matters in question, as he shall think fit.
Any order of a judge of the Supreme Court or a judge of the District Court to be made under the provisions of this section shall be subject
s.22 MARRIED WOMEN'S PROPERTY ACTS, 1890 TO 1952 s.24 5
to appeal in the same way as a judgment or order pronounced or made by the same judge in a suit pending in such Court.
All proceedings in a District Court in which by reason of the value of the property in dispute such Court would not have had jurisdiction if this Act had not passed, may at the option of the defendant be removed as of right into the Supreme Court by order of a judge thereof or otherwise, as may be prescribed by any rules of the Supreme Court.
Any order made or act done in the course of such proceedings prior to such removal shall be valid, unless order shall be made to the contrary by the Supreme Court or a judge thereof.
The judge of the Supreme Court or of the District Court, may, if either party so require, hear any such application in his private room.
Any such person, bank, corporation, company, public body, society, or public officer as aforesaid shall in the matter of any such application for the purposes of costs or otherwise, be treated as a stakeholder only.
22. Maintenance of children. 45 & 46 Vic. c. 75, s. 21. A married woman having property shall be subject to an such liability for the maintenance of her children as the husband is now by law subject to for the maintenance of her children.
As amended by Act of 1952, 1 Eliz. 2 No. 36, s. 6 (h).
23. Legal representative of married woman. 45 & 46 Vic. c. 75, s.
23. For the purposes of this Act the legal personal representative of any married woman shall, in respect of her estate, have the same rights and liabilities and be subject to the same jurisdiction as she would be if she were living.
As amended by Act of 1952, 1 Eliz. 2 No, 36, s. 6 (i).
24. Interpretation. 45 & 46 Vic. c. 75, s. 24. The word "contract"
in this Act shall include the acceptance of any trust, or of the office of executrix or administratrix, and the provision of this Act as to the 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. The word "investment"
shall include the following things:-
Deposits in any Government or other savings bank, or in any building society or company, or in any banking company or institution, or in any joint-stock or other company;
Annuities granted by the Government or by any society or person;
Sums forming part of any public stock or fund, or of any other stocks or funds transferable in the books of any bank, company, or public officer;
Shares, stocks, debentures, debenture stock, or other interests of or in any corporation, company, or public body, municipal,
commercial, or otherwise, or of or in any ihdustrial, provident, friendly, benefit, building, or loan society;
Lands held under the provisions of the Real Property Acts of 18'61 and 1877, or any estate or interest therein, and mortgages, encumbrances, charges, or other securities, rights, powers, or easements, affecting any such lands or any estate or interest therein.
65l58-By Authority: S. R. HAMPSON, Government Printer, Queensland
INDEX
to
THE MARRIED WOMEN'S PROPERTY ACTS, 1890 to 1952
Page
A
Action. See also criminal proceedings, post.
against married woman in respect of antenuptial debts and liabilities
right of, by married woman for protection and security of her separate property
Administratix. See succession, post.
Annuity included in term "investment"
Antenuptial debts and liabilities of married woman
Appeal against order of judge in respect of property in dispute between husband
Bank. See company, post.
Building society. See company, post.
Children, maintenance of- husband's not affected
B
c
married woman's in respect of her separate property Commencement of Act.
Company-
liability of married woman as contributory of, in respect of ante- nuptial contracts
may apply to judge for settlement of question as to title to property between husband and wife
not required to admit man'ied woman as shareholder contrary to constitution
stocks, shares, and debentures of, included in term "investment"
Contract. See also liabiltity, post.
meaning of term
Contributory, liability of married woman as, in respect of antenuptial settlements
Corporation. See company, ante.
Costs-
in questions between spouses as to title to property
liabiltity of separate property for, in action on antenuptial debts and contracts
Court-
Power of, in questions between husband and wife as to title to property
removal of proceedings in questions as to property between spouses from District to Supreme
Creditors-
rights of, against fraudulent gifts by husband to wife
s. 18 15
24 18
21
2 (4) 22
18 21
2 (1) . 24 24 18
21 18
21 21
2 (2) .
4 4
4
4
2 5
4 4
4
4 4
4 4
2
D
Damages-
liability of separate property of married woman for, in action respecting antenuptial debts and liabilities
Debentures included in term "investment"
Debt. See also Iiabiltity, posl.
Definitions- contract investment property Deposit-
included in term "investment"
District Court-
jurisdiction of in respect of questions between husband and wife as to property
E
Estate. See property: separate property, posl.
Evidence that investments made in name of married woman at com- mencement of Act are her separate property
Executrix. See Succession, post.
G
Gift fraudulent by husbnad to wife, rights of creditors against
H
Husband-
actions by a married woman against her already married, liability not affected
and wife, questions between, as to property, how decided investment in name of married woman, provisions as to do not
apply to investments standing in her name jointly with that of her. . . . . .. .. .. .
investments made by married woman with moneys of; without consent of.
liability of-
to maintain children of wife, not affected.
liability of wife's separate property for antenuptial debts and contracts, as between herself and her.
married woman may receive dividends, etc., on investments in her name without concurrence of . . . . need not join in transfer of or other dealing with investment standing in name of his wife .. .. . .. .. ..
not liable for breach of trust by his wife unless he has acted in the trust
Interpretation. See Meaning of terms, pOSl.
Investment-
I
fraudulent, of moneys by husband in name of wife, right of creditors against . . . . .. . .. . .. ..
in name of married woman jointly with any person other than husband .. .. .. .. .. . .. ..
made by married woman with moneys of husband made in name of married woman, effect of Act on meaning of term . . . .. .. . .. . ..
questions arising as to title to, between husband and wife, how
decided . .. . .. .. .. .
vested in married woman after commencement of Act
s. 18 24
24 24 24 24
21
8
2
15 2 (4) . 21
10 13
2 (6) . 18
8 II 24
2 (2) ..
10 13 8 24 21 9
Page
4
4
2
2
4 2 4 3 3 2 4 2
2 3 3 2 5 4 3
Joint-
names in investments by married woman stock company. See company. ante.
INDEX
J
L
Legal personal representative of married woman. rights and liabilities of.
Liability-
of married woman- as executrix or trustee
having separate property to maintain her children in respect of antenuptial debts and contracts
of separate property in respect of investments made after com- mencment of Act
provisions respecting. extend to liabilites by reason of breach of trust. etc.
Maintenance of children. See children. ante.
Meaning of terms- contract investment property Mortgage-
M
included ill term "investment" . . . . of investments made in name of married woman at commencement
of Act ..
o
Order by judge as to property in dispute between spouses
p
Personal property. See property: separate property, post.
Procedure in questions between husband and wife as to property Proceedings. See action: criminal proceedings, ante.
includes thing in action.
questions between husband and wife as to, how decided
Real property. See property, ante.
Realty. See also property, ante.
included ill term "investment"
R
Remedies of married woman for protection and security of separate property
Reservations under this Act
s. 10
ss.
s.
23
12 22 2, 18.
9 24
24 24 24 24 8
21
24 24 21
24 15 2
Page
3
3 5 1,4
3
5 5 5
2
4
5 4
4
9
s
Saving of certain rights, liabilities, and settlements Separate property-
acquired under Act by woman already married, liability of husband need not join in transfer of investments standing in name
of wife, etc. .. . .. .. . .
investments standing in name of married woman deemed to be her own
investments standing in name of married woman jointly with any person other than husband
liability of married woman with-
in respect of antenuptial debts and contracts to extent of her to maintain children
remedies of married woman for protection and security of.
rights and liabilities of legal personal representative of married woman in respect of her separate estate
Settlements, certain, not affected
Shareholder, company not required to admit married woman as, con- trary to constitution
Shares included in term "investment"
Short title
Stocks included in term "investment"
Succession-
acceptance of office of executrix, etc., by married woman included in term "contract"
husband need not join in transfer of investment standing in name of married woman as executrix or administratrix powers of married woman as executrix, etc.
rights and liabilities of legal pesonal representative of married woman
Summary decisions on questions between spouses.
T
Tort-
antenuptial, liability of spouse for, not affected .. .. .. ..
committed by married woman before her marriage, liability of her separate property in respect of
husband or wife not entitled to s.ue other for.
Transfer of interest of married woman in investment
Trust, acceptance of, by married woman, included in "contract"
Trustee-
husband need not join in transfer of investment standing in name of married as a
powers of married woman as
Wages. See separate property, ante.
Wrong. See tort, allle.
w
s. 2 (5) . 2 (3) ..
II 9 10 18 22 15 23
2 (5) .
2 (I) . 24
24
24 II 12 23 21
2 (4) 18 15 11 24
II 12
I
65158-By Authority: S. R. HAMPSON, Government Printer, Queensland C - 107 Page
2 2
3 3 4 5 4
2
5
5 3 5 5 4
2 4 4 3 5
3 3
