53 Reasons to Create your Estate Plan.

The rights of a married woman in Texas to control her property, own a business, and seek employment without her husband’s permission are just over 50 years old.

Prior to January 1, 1968, the rights of a married, Texas woman were limited as it related to her property - even separate property. Her husband had the right to manage all of his wife’s property, as this was believed to fulfill the husband’s legal duty to support his wife and their family. According to the Texas State Historical Association, this meant that a married woman was very limited in what decisions she could make, individually:

1. A married woman could not be employed without express consent of her husband, as only the husband could interact his wife’s services to another;

2. A married woman’s earnings were community property and under her husband’s control;

3. A married woman was required to seek her husband’s permission to sell any of her property, including real estate, stocks and bonds (although she could give away personal goods by oral consent); and

4. If her husband mismanaged the funds or property, the wife had a limited right to defend the use of her separate property and seek court approval for her to control her separate property.

As a Texas attorney and businesswoman, Louise Raggio believed that she and her female colleagues were practicing illegally for much of their careers. Raggio was determined to change the status quo. On January 1, 1968, Raggio’s Martial Property Act of 1967 went into effect, starting the process of giving a married woman the same rights as her husband.

Thanks to Raggio and advocates like her, Texas women, married or not, have the right to control (and dispose of) their property as they wish.

The rest, as they say, is history. These hard won rights should not be forgotten or unused. Exercise these rights and explore your options to “plan the future your family deserves.” (tm)