Marital Property: Abolition of Interspousal Tort Immunity: Effect on Marital Property Rights of the Parties

1963 ◽  
Vol 51 (2) ◽  
pp. 448
Author(s):  
Robert E. Bosso
Keyword(s):  
Property Rights ◽  
Marital Property

Equal Marital Property Rights

1983 ◽  
Vol 18 (2) ◽  
pp. 128-135
Author(s):  
Jocelynne A. Scutt
Keyword(s):  
Property Rights ◽  
Marital Property

scholarly journals Divorcing Marriage from Marital Assets: Why Equity and Women Fail in Property Readjustment Actions in Nigeria

2018 ◽  
Vol 62 (3) ◽  
pp. 427-446
Author(s):  
Michael Attah
Keyword(s):  
Property Rights ◽  
Court Cases ◽  
Conservative Approach ◽  
Marital Property ◽  
Definition Of ◽  
Property Regime

AbstractApplicable statutes give Nigerian courts discretion to achieve fairness in marital property readjustment. Ironically, the courts’ approach has often been to adjudicate on the basis of formal title, resulting in a general failure to make any readjustments. This article offers two alternative explanations for this judicial behaviour: absence of a specific statutory marriage-centred definition of matrimonial property; and the courts’ failure to appreciate the implicit matrimonial property regime revealed by a perspicacious interpretation of the statutes. These factors lead the courts to exercise a title-finding jurisdiction instead of an adjustive one. This conservative approach results in the courts exercising an exclusionary prescription of property. These flaws ignore the socio-cultural underpinnings and environment of marriage that support patriarchy in Africa and generally “disable” women in relation to property rights. Sample court cases support this thesis and underscore the need for a statutory definition of matrimonial property, with marriage as its denominator.

The Marriage Penalty: Women, Property Rights, and Credit Markets in Yucatán, 1850 – 1900

2008 ◽  
Vol 88 (3) ◽  
pp. 427-454
Author(s):  
Juliette Levy
Keyword(s):  
Nineteenth Century ◽  
Property Rights ◽  
Credit Markets ◽  
Credit Market ◽  
Mortgage Market ◽  
Legal Tradition ◽  
Economic Markets ◽  
Marital Property ◽  
Civil Codes ◽  
Property Regimes

Abstract This article addresses how marital property regimes acted as obstacles to the development of the Yucatán credit market. Marriage is a contract, and historically it carries with it significant financial corollaries. Dowries, marital property regimes, and inheritance laws were all designed to support the economic instrument that marriage represented. There are many other ways in which marriage intersects with markets; this article assesses the role of property rights, and specifically, married women’s property rights, in the credit markets of nineteenth-century Yucatán. Using mortgage contracts and probate records recorded by notaries, this article analyzes the participation of women in the local mortgage market, taking into account the legal context in which it developed, and explains how legal tradition and civil codes contributed to the distortions that affected women in the local credit market. This article shows specifically that the analysis of women’s participation in economic markets in the nineteenth century must take their marital status into account, as well as the unequal legal position of husbands and wives under the laws of the time, and concludes that marital property rights, and by extension marriage, played an important and unexpected role in the region’s credit market.

scholarly journals Getting to Equal: Resolving the Judicial Impasse on the Weight of Non-Monetary Contribution in Kenya's Marital Asset Division

2019 ◽  
pp. 121
Author(s):  
Benedeta Mutiso
Keyword(s):  
Property Rights ◽  
Short Term ◽  
International Human Rights ◽  
Early 21St Century ◽  
Trial Courts ◽  
Marital Property ◽  
Marital Disputes ◽  
Human Rights Standards ◽  
Monetary Contribution

Marital property law reforms and changing international human rights standards in the late 20th and early 21st century prompted Kenya to end certain discriminatory practices against women, especially in the area of property rights. For 50 years, Kenya relied on England’s century-old law, the Married Women’s Property Act of 1882, to regulate property rights. In 2010, Kenya adopted a new Constitution that called for equality between men and women, and in 2013, Kenya enacted independent legislation in the form of the Matrimonial Property Act (MPA). The MPA provides a basis for trial courts to divide marital property upon divorce. Specifically, it provides that monetary contribution and non-monetary contribution are the only factors for dividing marital property on divorce. The Kenyan courts have issued contradictory decisions on the weight of nonmonetary contribution in long-term and short-term marriages. Without guidance on the weight of non-monetary contribution during divorce proceedings, the courts have left potential litigants, especially women, to navigate the unsettled waters of marital disputes in the legal system. Kenya’s Parliament should take steps to clarify the legislation, develop regulations on the weight of non-monetary contribution, and provide statutory factors for consideration during division of marital property. This will ensure that courts meet the overriding objective of achieving a fair outcome in marital property disputes. Because of the constitutional guarantee of equality, the courts must begin analysis of property division by assuming each spouse is entitled to half of the marital property.

“Sharp Practice”

2015 ◽  
Vol 92 (4) ◽  
pp. 24-47
Author(s):  
Clay Stalls
Keyword(s):  
Nineteenth Century ◽  
Los Angeles ◽  
Property Rights ◽  
Gilded Age ◽  
Marital Property ◽  
Land Speculation ◽  
Property Holding

The Centinela Land Company of Daniel Freeman and Francis Pliny Fisk Temple and other prominent Los Angeles businessmen demonstrates the practices and philosophy of land speculation that fueled the city's growth during the Gilded Age. Furthermore, the company's history also demonstrates the close ties between these businessmen and their shared, frequently byzantine, business ethos. The Centinela venture also yields unexpected insights into marital property holding and women's property rights in nineteenth-century Los Angeles.

Property Rights and Transaction Costs in Marriage: Evidence from Prenuptial Contracts

1999 ◽  
Vol 59 (1) ◽  
pp. 68-103 ◽  
Author(s):  
Gillian Hamilton
Keyword(s):  
Human Capital ◽  
Property Rights ◽  
Transaction Costs ◽  
Transaction Cost ◽  
Legal Environment ◽  
Legal Institutions ◽  
Family Labor ◽  
Capital Acquisition ◽  
Marital Property ◽  
Joint Ownership

I examine prenuptial contracting behavior in early-nineteenth-centuiy Quebec to explore property rights within families and the efficacy of marital property laws. Drawing on a transaction cost framework, I examine the decision to sign a contract and couples' property rights choices. I find, for example, that couples signing contracts tended to choose joint ownership of property when wives were particularly important to the household. These findings illustrate the potential effects of legal institutions on individuals' behavior (such as the importance of family labor, human capital acquisition, and even mating decisions) and the value of a flexible legal environment.

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