Article XVI, Section 15 of the Texas Constitution (discussion page)

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Texas Legal Guide (texaslegalguide.com) is currently under construction.

This page is available for comment and discussion regarding the page Article XVI, Section 15 of the Texas Constitution.

review[edit topic]

5 Tex. 866

8 Tex. 180

magee v white 28 Tex. 180, 193

Coleman v. Colenan, 293 SW. 695 (Tex. Civ. App.--San Antonio 1927, writ ref'd)

note[edit topic]

1836: nothing regarding marital property

1845 Convention: "The most instructive debates on the general provisions concerned the rights of married women, the forfeiture of property rights, the basis of taxation, and the status of corporations. The first of these was debated long, beginning with the Committee recommendation, in its section nineteen, of laws "defining the rights of married women, upon a principle of community of property between husband and wife, having a due regard for the rights of heirs and creditors."32 In opposition to this community of property theory there were urged upon the Convention two other bases;-silence, leaving the matter to the discretion of the legislature; and specific guarantee to women of the right to retain control of their own property. The last view prevailed after the section had been referred once to the Committee on the Judiciary, and again to a Special Committee.33 The frontier view of women's rights seems here to have triumphed over the forces of common law and conservatism."

https://www.jstor.org/stable/pdf/30234657.pdf at 396

1845: SEC. 19. All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterwards by gift, devise, or descent, shall be her separate property; and laws shall be passed more clearly defining the rights of the wife in relation as well to her separate property as that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property.

1861: SEC. 19. All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterwards by gift, devise, or descent, shall be her separate property; and laws shall be passed more clearly defining the rights of the wife, in relation as well to her separate property, as that held in common with her husband. Laws shall also be passed providing for the registration of the wife, separate property.

1866: SEC. 19. All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterwards by gift, devise, or descent, shall be her separate property; and laws shall be passed more clearly defining the rights of the wife, in relation as well to her separate property as that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property.

1869: SECTION XIV. The rights of married women to their separate property, real and personal, and the increase of the same, shall be protected by law; and married women, infants and insane persons, shall not be barred of their rights of property by adverse possession, or law of limitation, of less than seven years from and after the removal of each and all of their respective legal disabilities.

add ?[edit topic]

https://texashistory.unt.edu/ark:/67531/metapth28554/m1/254/zoom/?q=%22equal%20rights%22&resolution=1&lat=1536&lon=361.5