Married Women's Property Act 1935 (Tas)

Married Women's Property Act 1935

An Act to consolidate and amend the Acts relating to the property of married women, and to remove certain restrictions applying to married women in relation to their property [Royal Assent 16 January 1936]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title This Act may be cited as the Married Women's Property Act 1935 .

1A. Interpretation In this Act, magistrate means a magistrate sitting as the Magistrates Court (Civil Division).

2.

3. Married woman capable of holding property, and of contracting as a feme sole (1) A married woman shall be capable of acquiring, holding, and disposing of any real or personal property in the same manner in every respect as if she were a feme sole. (2) A married woman shall be capable of entering into and rendering herself liable in respect of any contract, and of suing and being sued, either in contract or in tort, or otherwise, in all respects as if she were a feme sole; and any damages or costs recovered by her in any such action or proceeding shall be her property; and any damages or costs awarded against her in any such action or proceeding shall be recoverable from and payable by her in the same manner in every respect as if she were a feme sole. (3) The marriage of a woman shall not affect any contract or liability entered into, or incurred, by her before marriage.

4. Fraudulent investments with, or disposal of, money of husband may be followed (1) If any investment in any Commonwealth or State securities or in any deposit in any authorised deposit-taking institution, or in any share or debenture of any corporation, company, or public body, municipal, commercial, or otherwise, or in any share, debenture, benefit, right, or claim whatsoever in, to, or upon the funds of any industrial, provident, friendly, benefit, building, or loan society, shall have been made by a married woman by means of moneys of her husband, without his consent, the court may, upon an application under this Act, order such investment, and the dividends thereof, or any part thereof, to be transferred and paid respectively to the husband. (2) Nothing in this Act shall give validity as against creditors of the husband to any gift, by a husband to his wife, of any property, which, after such gift, shall continue to be in the order and 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 passed.