A wife's _heritable_ property does not pass to the husband on marriage, but he acquires a right to the administration and profits. His courtesy, as in English law, is also recognized. On the other hand, a widow has a _terce_ or life-rent of a third part of the husband's heritable estate, unless she has accepted a conventional provision.
_Continental Europe._--Since 1882 English legislation in the matter of married women's property has progressed from perhaps the most backward to the foremost place in Europe. By a curious contrast, the only two European countries where, in the absence of a settlement to the contrary, independence of the wife's property was recognized, were Russia and Italy. But there is now a marked tendency towards contractual emancipation. Sweden adopted a law on this subject in 1874, Denmark in 1880, Norway in 1888. Germany followed, the Civil Code which came into operation in 1900 (Art. 1367) providing that the wife's wages or earnings shall form part of her _Vorbehaltsgut_ or separate property, which a previous article (1365) placed beyond the husband's control. As regards property accruing to the wife in Germany by succession, will or gift _inter vivos_, it is only separate property where the donor has deliberately stipulated exclusion of the husband's right.
In France it seemed as if the system of community of property was ingrained in the institutions of the country. But a law of 1907 has brought France into line with other countries. This law gives a married woman sole control over earnings from her personal work and savings therefrom. She can with such money acquire personalty or realty, over the former of which she has absolute control. But if she abuses her rights by squandering her money or administering her property badly or imprudently the husband may apply to the court to have her freedom restricted.
_American Law._--In the United States, the revolt against the common law theory of husband and wife was carried farther than in England, and legislation early tended in the direction of absolute equality between the sexes. Each state has, however, taken its own way and selected its own time for introducing modifications of the existing law, so that the legislation on this subject is now exceedingly complicated and difficult. James Schouler (_Law of Domestic Relations_) gives an account of the general result in the different states to which reference may be made. The peculiar system of Homestead Laws in many of the states (see HOMESTEAD and EXEMPTION LAWS) constitutes an inalienable provision for the wife and family of the householder.