The Early Historical Influences on Separation of Property in English Law
The Early Historical Influences on Separation of Property in English Law

Summary/Abstract: It is curious that a community of property regime has never developed between the spouses in England and Wales, as it has in continental Europe. This paper seeks to examine the historical factors which have influenced the development of separation of property in England and Wales. The approach taken to the issue is a comparative one, with the region of northern France (and in particular Normandy) being chosen as the comparator for several reasons, namely, because of the political connection of parts of northern France with England during the High Middle Ages, the fact that customary law operated in both legal systems and finally both systems were subject to Germanic influence in the early medieval period. The paper examines whether there is evidence for community of property in the early Germanic codes, the role of the morning gift and dower, and development in the pays de droit coutumier in the early Middle Ages. It also discusses the position in England, examining a married woman’s property rights both in Anglo-Saxon times and post Norman conquest. There is clear evidence that community did not develop in Normandy during this period, and that it did not exist in England and Wales, and the paper suggests this may be more than coincidence. Finally the factors that influenced the development of a married woman’s property rights in England and Wales are examined, and it seems that these factors had a profound (yet inadvertent) influence on the way in way a woman’s property rights developed in England and Wales.

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