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The Forgotten History of a Married Woman's Right to Own Property

April 01, 2025 6:27 PM | Anonymous

In recognition of Women’s History Month, Belinda Smith, President of the Society, gave a presentation at the Benicia State Capitol on March 23, 2025 which focused on the history of laws governing property rights of married women. Many eastern states had laws copying English Common Law which did not allow married women to own property separate from their husbands. However, California under Mexican rule had in place laws similar to Spain and France, which did allow married women to own property. At the state constitutional convention in October, 1949, the majority of California legislators supported the constitutional right for women to own property not only to avoid the chaos of women losing a right they currently held, but also to attract more women to a new state where the ratio of men to women (not counting native peoples) was more than 13:1. In May, 1853, a related key constitutional amendment was passed in the Benicia Capitol. The amendment gave married women additional property ownership rights, including ownership of rental income and freedom from liability for their husbands’ debts.

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