Research Forum

Female Bankrupt
published by Brian & Pam Airey on Sat, 29/09/2012 - 14:40

The London Gazette of 24th june 1862 declares- Eliza Truman Ainsley of No 1 Guildford Street, Cardiff in the County of Glamorgan, out of business, having been adjudged bankrupt a petition for adjudication of bankrupcy filed in the County Court of Glamorganshire, holden atCardiff on the 16th day of June 1862 ............"

Anothe similar entry for 11 July, but in September the same year an order of discharge was drawn up.

My question is - How can a woman be a bankrupt when , as far as I can tell, the Married Women's Property Act did not come in until 1927, so until that time all her property was actually her husband's?

Pam Airey

Comments ..

Submitted by Pat Hase on Sun, 30/09/2012 - 10:48

Your question is an interesting one because although I think you'll find that there was a Married Woman's Property Act in 1882 which did allow married women to own property that date is still after the date of the bankruptcy of your Eliza AINSLEY. There was an Act in 1870 which allowed married women to keep and own money which they had earned through their own work but it didn't mention property - hence the 1882 Act.

The exception to these rules were single women and widows who were allowed to own property - so my question is - are you sure she was legally married in 1862?

Submitted by daveerasmus on Sun, 30/09/2012 - 21:41

There was a case in the early 1860's which established that a married man could deny liability for the debts of his wife if he could show that those debts were not incurred in the purchase of "necessaries" and that he had forbidden her to pledge his credit - see Jolly v. Rees.

Dave Erasmus

Submitted by on Thu, 04/10/2012 - 20:39

This was partially covered in recent episode of Who Do You Think You Are with William Roache and his grand mother in terms of property ownership and womens rights.

It is available on iPlayer.

Stephen