Married Women in Legal Practice by Charlotte Cederbom

Author:Charlotte Cederbom [Cederbom, Charlotte]
Language: eng
Format: epub
Tags: History, General, Study & Teaching, Europe, Medieval, Modern, 17th Century, Scandinavia, Social History, Women
ISBN: 9781000693287
Google: VSysDwAAQBAJ
Publisher: Routledge
Published: 2019-08-30T01:37:23+00:00

3  Married Women and Property Management

In this part, I will discuss the effect that property ownership and management had on married women’s legal abilities as well as women’s involvement in landed property management. While women in England who married under common law ceased to own property (as they were absorbed by the legal persona of their husbands), women in Sweden not only retained property they owned when entering wedlock but also were entitled to one-third of everything the couple attained while married. In Swedish research, the important issue has therefore rather been who had the right to manage property owned by women.

In addition to representation, the other task commonly ascribed to the malsman is property management. Others have interpreted the several paragraphs concerning the circumstances under which a husband could sell his wife’s property as regulating the duties of a malsman. Most scholars argue that property management was a male prerogative and that the right to manage property owned by women was transferred from the father to the husband as an integral part of the husband’s duties as malsman.1 Accordingly, the power-generating properties of land, discussed by Sjöberg, never reached women.2 It is therefore of great importance to further analyze the law text regarding how someone could handle property that was not one’s own before moving on to practice.

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