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MARRIED WOMEN’S ACT

MARRIED WOMENS ACT

Chapter M‑6

Table of Contents

                1       Capabilities of married women

                2       Remedies for protection of property

                3       Acquisition, etc. of property

                4       Right of husband to sue

                5       Property rights of married women

                6       Husband not liable for torts of wife


                7       Declaration for avoidance of doubt

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Capabilities of married women

1   Subject to this Act, a married woman

                                 (a)    is capable of acquiring, holding and disposing of any property,

                                 (b)    is capable of making herself and being made liable in respect of a tort, contract, debt or obligation,

                                 (c)    is capable, without her husband being joined as a party, of suing and being sued, either in contract, including a contract made between her and her husband, or in tort or otherwise, and

                                 (d)    is subject to the law relating to bankruptcy and to the enforcement of judgments and orders,

in all respects as if she were an unmarried woman.

RSA 1980 cM‑7 s1

Remedies for protection of property

2(1)  A married woman has, in her own name and without joining her husband as a co‑plaintiff, the same civil remedies against all persons, including her husband, for the protection and security of her own separate property as if she were an unmarried woman.

(2)  A married man has the same civil remedies against his wife for the protection and security of his own separate property that he has against other persons.

(3)  A married person has the same right of action in tort against his or her spouse as he or she would have if they were not married.

RSA 1980 cM‑7 s2;1990 c22 s2

Acquisition, etc. of property

3   A married woman is capable

                                 (a)    of acquiring, holding, disposing of or otherwise dealing with every kind of real and personal property,

                                 (b)    of contracting, and

                                 (c)    of suing and being sued in any form of action or proceeding,

as if she were an unmarried woman.

RSA 1980 cM‑7 s3

Right of husband to sue

4   A husband has no right to sue in respect of a tort done to his wife except where and insofar as he has sustained any separate damage or injury due to the tort.

RSA 1980 cM‑7 s4

Property rights of married women

5(1)  Subject to this Act, all property that

                                 (a)    immediately before March 25, 1936, was the separate property of a married woman or held for her separate use in equity,

                                 (b)    belongs at the time of her marriage to a woman married after March 25, 1936, or

                                 (c)    after March 25, 1936, is acquired by or devolves on a married woman,

belongs to her in all respects as if she were an unmarried woman and may be disposed of accordingly.

(2)  Nothing in this section interferes with or renders inoperative a restriction on anticipation or alienation attached to the enjoyment of any such property.

RSA 1980 cM‑7 s5

Husband not liable for torts of wife

6   Subject to this Act, the husband of a married woman is not, by reason only of his being her husband, liable

                                 (a)    in respect of a tort committed by her whether before or after the marriage or in respect of a contract entered into or a debt or obligation incurred by her before the marriage, or

                                 (b)    to be sued, or made a party to a legal proceeding brought, in respect of any such tort, contract, debt or obligation.

RSA 1980 cM‑7 s6

Declaration for avoidance of doubt

7   For the avoidance of doubt it is hereby declared that nothing in this Act

                                 (a)    renders the husband of a married woman liable in respect of

                                           (i)    a contract entered into, or

                                          (ii)    a debt or obligation incurred,

                                          by her after the marriage in respect of which he would not have been liable if this Act had not been passed,

                                 (b)    exempts the husband of a married woman from liability in respect of

                                           (i)    a contract entered into, or

                                          (ii)    a debt or obligation, not being a debt or obligation arising out of the commission of a tort, incurred

                                          by her after the marriage in respect of which he would have been liable if this Act had not been passed,

                                 (c)    prevents a husband and wife from

                                           (i)    acquiring, holding and disposing of any property jointly or as tenants in common, or

                                          (ii)    rendering themselves or being rendered jointly liable

                                                 (A)    in respect of a tort, contract, debt or obligation, and

                                                  (B)    of suing and being sued either in tort or in contract or otherwise,

                                                  in like manner as if they were not married, or

                                 (d)    prevents the exercise of a joint power given to a husband and wife.

RSA 1980 cM‑7 s7