Posted by:
elee
(
)
Date: January 03, 2012 07:20PM
Which is why, largely after 1850, most of the states began passing marriage reform laws. Specifically to protect the property rights of women.
http://memory.loc.gov/ammem/awhhtml/awlaw3/property_law.html"Sec. 1. The real and personal property of any female who may hereafter marry, and which she shall own at the time of marriage, and the rents issues and profits thereof shall not be subject to the disposal of her husband, nor be liable for his debts, and shall continue her sole and separate property, as if she were a single female."
"Sec. 2 The real and personal property, and the rents issues and profits thereof of any female now married shall not be subject to the disposal of her husband; but shall be her sole and separate property as if she were a single female except so far as the same may be liable for the debts of her husband heretofore contracted."
"Sec. 3. It shall be lawful for any married female to receive, by gift, grant devise or bequest, from any person other than her husband and hold to her sole and separate use, as if she were a single female, real and personal property, and the rents, issues and profits thereof, and the same shall not be subject to the disposal of her husband, nor be liable for his debts."
"Sec. 4. All contracts made between persons in contemplation of marriage shall remain in full force after such marriage takes place.30"
Prior to the passage of such bills, American (via English) law reflected "coverture". I.e., upon marriage, a woman surrendered all property and any future profits from said property to her husband.
Children were considered property and also remained, for the most part, with the father. In 1817 [?], there was a landmark case which did eventually change custody law, but it took a long time. Basically, the husband joined the Shakers, took the 3 kids and deserted the wife. Took her 3 years go get both a divorce and custody of her children.
http://chicagofamilylawyersblog.com/2010/08/the-19th-century-case-that-formed-basis-of-custody-law.htmlThese issues were fundamentally important to the subsequent formation of the Suffrage Movement. It's a fascinating period.
Edited 2 time(s). Last edit at 01/03/2012 07:22PM by elee.