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Married Women's Property Laws During the nineteenth century, states began enacting common law principles affecting the property rights of married women. One of the earliest mentions of the distinction between the wife's separate property and common property is in the California Constitution of 1849: Section 14: “All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterward by gift, devise, or descent, shall be her separate property; and laws shall be passed more clearly defining the rights of the wife in relation as well to her separate property, as to that held in common with her husband.” Although the states passed legislation naming marital property as community property, husbands were the ones who managed and disposed of the property.