Passage of the Married Women's Property Acts and Earnings Acts in the United States: 1850 to 1920

Abstract

We provide the first comprehensive documentation of enactment by U.S. states of two types of Acts removing married women's legal impediments in the economic sphere: the Married Women's Property Acts (MWPAs) and the Earnings Acts (EAs). We identify MWPAs that granted married women the right to own and control real and personal property, and Earnings Acts that granted married women the right to own and control their market earnings. Such Acts were passed by most states between 1850 and 1920, and were critical in weakening the patriarchal common-law doctrine of coverture. Scholars studying the Acts’ causes and consequences have used different enactment dates. We describe a three-step method for determining accurate dates of passage, apply that method to the contiguous 48 states, uncover dates not listed in previous studies, and show how our dates differ from the present published lists. We also show how enactment varied across regions, and across states with different marital property regimes. We relate Act timing to social changes occurring at those times, such as women's suffrage group organizing and the passage of compulsory schooling laws. We hope that our investigation will inform future empirical study of these important legal changes.

Citation

Geddes, R.R. and Tennyson, S. (2013), "Passage of the Married Women's Property Acts and Earnings Acts in the United States: 1850 to 1920", Hanes, C. and Wolcott, S. (Ed.) Research in Economic History (Research in Economic History, Vol. 29), Emerald Group Publishing Limited, Leeds, pp. 145-189. https://doi.org/10.1108/S0363-3268(2013)0000029007