Married Women's Property Act

Consolidated act

Citation: R.S.N.W.T. 1988, c.M-5
Source: Unofficial consolidation PDF (justice.gov.nt.ca)

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

Cites

s.2 Judicature Act

Cited by

Regulations
Northwest Territories Divorce Rules, s.5 (under the Judicature Act)

Contents

1. Definition of "property" 2. Effect of Judicature Act

Definition of "property"

In this Act, "property" includes a thing in action and any interest in real or personal property.

Effect of Judicature Act

(1) Nothing in section 51 of the Judicature Act interferes with or renders inoperative a restriction on anticipation or alienation attached to the enjoyment of property and contained in an instrument executed before April 1, 1955.

Restrictions on anticipation, alienation

(2) An instrument executed after March 31, 1955, is void to the extent that it purports to attach to the enjoyment of property by a married woman a restriction on anticipation or alienation that could not be attached to the enjoyment of that property by a man.

Deeming provisions

(3) For the purposes of this Act,

(a) an instrument executed after March 31, 1955, that attaches a restriction on anticipation or alienation under an obligation imposed before March 31, 1955, shall be deemed to have been executed before March 31, 1955;

(b) a restriction on anticipation or alienation contained in an instrument made in the exercise of a special power of appointment shall be deemed to be contained only in that instrument and not in the instrument creating the power;