In 1978, the court of first instance ruled in favor of Graciela Ato del Avellanal on a claim for overdue rent owed to her by tenants of two apartment buildings she owned in Lima. The Superior Court reversed the judgment in 1980 because article 168 of the Peruvian Civil Code stated that when a woman is married, only the husband is entitled to represent matrimonial property before the Courts; therefore, Avellanal did not herself have standing to sue.
Bosanac v. Commissioner of Taxation, decided by the High Court of Australia, concerned the ownership of a residential property in Perth, Western Australia. The husband and wife lived in the property from 2006 until 2015, despite separating in 2012–2013. Although the property was paid for using funds from a joint loan account and secured against properties owned separately by the couple, it was registered solely in the wife's name.
Mr. Powell (“petitioner”) and Mrs. Powell (“respondent”) were lawfully married in April of 2003. In May 2016, the petitioner was granted an order of dissolution of marriage. In July 2004, the petitioner purchased a piece of land (“property”).
Virginia law on the property rights of married persons establishes that each spouse retains full and independent control over their own property, both real and personal, as though unmarried. A married person may acquire, use, manage, and dispose of property free from claims arising solely from the debts or liabilities of the other spouse. Neither spouse has automatic rights to the possession, profits, or use of the other’s property during marriage, and protections ensure that creditors cannot reach one spouse’s assets to satisfy the obligations of the other.
The Civil Code of the Dominican Republic establishes that married women have all the same rights as unmarried women and vice versa. A woman has the right to work without the permission of her husband. A woman also has the right to mortgage or sell her property without the consent of her husband. A married woman has the right to manage and dispose of her earnings. A woman has the right to enter into debt without the permission of her husband.
The Venezuelan Civil Code (1982) sets forth rules on divorce, marriage, property, and succession. Article 185 lists the grounds for divorce, including adultery, physical or psychological abuse, abandonment, and marital rape. It also recognizes as serious grounds conspiracy by a spouse to corrupt or prostitute the other or the children, as well as collusion in such conduct. Article 185-A allows either spouse to petition for divorce after a de facto separation of more than five years, without proving fault or a specific cause.
The Registration of Customary Marriage and Divorce Act (the “Act”), as amended in 2009, establishes the legal framework for the validity, efficacy of marriage or common law marriage within Sierra Leone. Part II of the Act provides that each prospective spouse must be at least 18 years of age or, if younger than 18, receive parental consent. However, the ability of a minor to give consent to a marriage has been prohibited through the amendments set forth in the Prohibition of Child Marriage Act.
