Victorian Current Acts

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PROPERTY LAW ACT 1958 - SECT 170

Acquisitions and dispositions of trust estates by married women

    (1)     A married woman may acquire as well from her husband as from any other person, and hold, any interest in property real or personal either solely or jointly with any other person (whether or not including her husband) as a trustee or personal representative, in like manner as if she were a feme sole; and no interest in such property shall vest or be deemed to have vested in the husband by reason only of the acquisition by his wife.

    (2)     A married woman may, without her husband, dispose of, or join in disposing of, any interest in real or personal property held by her solely or jointly with any other person (whether or not including her husband) as trustee or personal representative, in like manner as if she were a feme sole.

    (3)     This section shall apply to a woman married after the twelfth day of December One thousand eight hundred and eighty-four, and to a woman married before the thirteenth day of December One thousand eight hundred and eighty-four, who became a trustee or personal representative on or after that date.

    (4)     This section shall operate to render valid and confirm all such acquisitions and dispositions made after the twelfth day of December One thousand eight hundred and eighty-four, and whether before or after the commencement of this Act, but where any title or right has been acquired through or with the concurrence of the husband before the commencement of this Act, that title or right shall prevail over any title or right which would otherwise be rendered valid by this section or any corresponding previous enactment.

    (5)     This section shall not prejudicially affect any beneficial interest of the husband of any such woman.

Pt 2 Div. 8A (Heading) substituted by No. 59/1986 s. 143(2).

Division 8A—Persons who are mentally ill

No. 3754 s. 171.



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