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In the example above, the putative wife who believed she was married could seek the property division and alimony awards that a legal spouse could have, when the putative spouse discovers that she is not legally married, but her husband could not seek a property division in the putative wife's name or alimony from her, because he knew that ...
In an exception to the statutory expansion of the legal rights of married women, the California Constitution of 1849, drawing on the community property tradition of Spanish civil law rather than the common law tradition, distinguished a wife's property from community property: "All property, both real and personal, of the wife, owned or claimed ...
The Act altered the common law doctrine of coverture to include the wife's right to own, buy and sell her separate property. [8] Wives' legal identities were also restored, as the courts were forced to recognize a husband and a wife as two separate legal entities, in the same manner as if the wife was a feme sole. Married women's legal rights ...
The Act dealt mostly with the earnings of married women and was not very specific about married women's property rights. A major loophole was that any personal property (personalty) as opposed to real property a woman had in her own name before marriage still legally became her husband's property: money, furniture, stocks and livestock.
The presumption of advancement is a legal presumption which arises in various common law jurisdictions in relation to the transfers of money or other property. Broadly, the presumption states that where a husband transfers property to his wife, or a father to his child or someone to whom he has assumed parental responsibility, then in the absence of other evidence the court will presume that ...
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A dowry is the transfer of parental property to a daughter at her marriage (i.e. "inter vivos") rather than at the owner's death (mortis causa). [6] (This is a completely different definition of dowry to that given at the top of the article, which demonstrates how the term ‘dowry’ causes confusion.)