Laws on women owning property

People ask me about this sometimes, but just lately I started wondering about it. As some of you might remember, last month I had a title search where a black woman had her name on a large parcel of land for her minor child. Some folks asked me the question, "(I) thought women could not own property back then?"

My reply was that they I find records of them owning property regular enough that it is not a big deal other than you have to verify they never changed their name while they owned it. Many inherited it when a husband died, and by statute if he died with no will they were given a percentage of it with their kids. There are also "separate earnings" of wives from time to time.

Clearly it was not a "law" in the state or counties I have researched. To be honest, I don't see that it really was one in most places. My gut tells me that it was just so uncommon there was no need.

Am I wrong? Does anyone know that there was a "law" prohibiting women from owning property or was it just practice in many places?

I remember seeing something about an Indian man(India) proving he was white scientifically to the Supreme Court in the late 1800s, but they ruled against him saying he wasn't white. He lost his business and property, so there might be some truth to it and it might depend on the state.

I think if you google laws against women owning property, you'll find some or laws written to grant rights.

Quote: AZDuffman

Am I wrong? Does anyone know that there was a "law" prohibiting women from owning property or was it just practice in many places?

I don't know what "back then" means specifically

In Pennsylvania
1718 Married women allowed to own and manage property in their own name during the incapacity of their spouse
1848 Married women granted separate economy
1872 Married women granted control over their earnings

Reference
Married Woman's Property Acts

Women could own property whether through purchase or the laws of descent, particularly in areas of the USA where French and Spanish influence was high because they recognized marriage as a community and often applied inheritance through the mother.

Some states, WI or MI perhaps, had laws that stated a woman who signed a contract or deed had to be taken aside and have its significance explained to her but this did not prevent ownership of property.

In the West and in populist Wisconsin women generally enjoyed full rights in voting and jury service and testifying as a witness, though Wisconsin did rule that a Husband could deliver his Wife to a sanitarium even if she did not meet all the standards for detention of an unmarried person.

Quote: Fleastiff

Wisconsin did rule that a Husband could deliver his Wife to a sanitarium even if she did not meet all the standards for detention of an unmarried person.

If you've ever lived with a woman, you completely
understand this law. How many times a day do you
think 'she is nuts, be careful what you say.'

Quote: Fleastiff

Some states, WI or MI perhaps, had laws that stated a woman who signed a contract or deed had to be taken aside and have its significance explained to her but this did not prevent ownership of property.

Don't know what was "explained" but in PA it seems to have been required that the notary take extra action because you see the phrase, "examined separate and apart from her husband" all the time on deeds. Had to have been to make sure he was not influencing her, but if she had no legal rights then why would she even need to sign?