M'Lennan v. M'Lennan [1907] ScotLR 167 (21 November 1907)

A wife is living apart from her husband with his consent within section 5 of the Married Women's Property (Scotland) Act 1881 where the husband, despite protest, acquiesces in the arrangement and takes no steps to end it; the Court may dispense with his consent to her property dealings.

Citation: [1907] ScotLR 167
Parties: Petitioner: Mrs Marion May Duncan or M'Donald or M'Lennan; Respondent: H. A. M'Lennan
Jurisdiction: Scotland
Judgment Date: 21 November 1907
Procedural Posture: Petition Under Married Women's Property (scotland) Act 1881, Sec. 5 / Inner House, First Division, Reclaiming Motion Against Lord Ordinary's Interlocutor
Outcome: Petition granted; interlocutor recalled
Legal Topics: Married Women's Property, Wife's Separate Estate, Consent to Property Disposition, Living Apart With Consent

Family Law Property Law Married Women's Property Wife's Separate Estate Consent to Property Disposition Living Apart With Consent

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1

Parties

Mrs Marion May Duncan or M'Donald or M'Lennan

Petitioner

H. A. M'Lennan

Respondent

Procedural Posture

Petition Under Married Women's Property (scotland) Act 1881, Sec. 5 / Inner House, First Division, Reclaiming Motion Against Lord Ordinary's Interlocutor

Legal Issues

1 Whether the wife is living apart from her husband with his consent under section 5 of the Married Women's Property (Scotland) Act 1881
2 Whether the Court should dispense with the husband's consent to the sale of the wife's business

Ratio Decidendi

Court Disposition

Petition granted; interlocutor recalled

Orders

Court dispenses with husband's consent to the sale of the wife's bill-posting business
Prayer of the petition granted