The impact of Property Law on the legal (in)capacity of married women in England: The long road from the Middle Ages to the reforms of the twentieth century

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Published 18-11-2025
Maitena Arakistain Arriola

Abstract

For centuries in England, the legal status of married women was determined by a medieval rule that deprived her of legal capacity and left her in a legal limbo where she could only exercise rights and obligations through her husband. The obliteration of married women from the sphere of Private Law had many consequences, but depriving her of property rights was possibly the biggest one. As we will see, the history of the legal capacity of married women in England is the history of the recognition - or deprivation - of their right to property.

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Keywords

English Property Law, Legal capacity, Coverture, Doctrine of unity, Common Law

Section
Artículos