What is a married woman's share of the proceeds of her husband's business or saved by her in her own name?
Saskatchewan, Canada
The following excerpt is from Simpson Estate (Re), 1941 CanLII 158 (SK QB):
Money received by a married woman out of the proceeds of her husband’s business or saved by her out of moneys given to her by him for household purposes, dress or the like and invested by her in her own name belongs to the husband: Barrack v. McCulloch (1856) 3 K. & J. 110, 26 L.J. Ch. 105, 69 E.R. 1043.
See also Birkett v. Birkett (1908) 98 L.T. 540, where the husband when in England was in the habit of giving his wife all he earned, receiving back such sums as he required when he asked her for money; that after he went out to South Africa he remitted money to her for the maintenance of herself and family without any instructions as to what she should do with the surplus. Later they separated. It was held that the savings from the moneys remitted belonged to the husband.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a broker has mixed shares of his own and shares bought for customers in a common block of shares, does the customer have an equitable right to the number bought on his account? (Saskatchewan, Canada)
Is there any case law in which a man who sexually harassed a woman is found to have committed acts of cruelty against the woman? (Saskatchewan, Canada)
When a husband and wife are involved in a property transaction, can the husband be held liable for his debts? (Saskatchewan, Canada)
What is the test for damages for the alienation of a wife by her husband to her husband who has been accused of adultery? (Saskatchewan, Canada)
Can a party in his own name adopt a property in the name of the owner without the consent or sanction of the other party? (Saskatchewan, Canada)
What is the difference between a bankrupt husband and wife when the wife receives an overage from the husband? (Saskatchewan, Canada)
What is the effect of a prayer for divorce on the grounds that the husband committed adultery with a woman unknown? (Saskatchewan, Canada)
What is business disturbance loss for the purposes of determining whether a business has been adversely affected by the expropriated land? (Saskatchewan, Canada)
Is there a difference between an assignment of shares standing in the name of any person in trust for the debtor and a fraudulent assignment? (Saskatchewan, Canada)
Is a business tax calculated on a percentage of the annual value of the premises in which business is carried on? (Saskatchewan, Canada)
