Remedies of married women and their husbands for the protection of their respective properties

(1) Every woman, whether married before or after this Act, shall have in her own name against all persons, including her husband, the same civil remedies, and also, subject to subsection (3) of this section, the same remedies and redress by way of criminal proceedings in all courts of law for the protection and security of her own property, as if she were a feme sole, but, except as aforesaid, no husband or wife shall be entitled to sue the other for a tort. (2) In any indictment, complaint or other proceedings under this section, it shall be sufficient to allege such property to be her own property. (3) No criminal proceedings shall be taken by any wife against her husband by virtue of this Act while they are living together, as to or concerning any property claimed by her, nor while they are living apart, as to or concerning any act done by the husband while they were living together, concerning property claimed by the wife, unless such property shall have been wrongfully taken by the husband when leaving or deserting, or about to leave or desert, his wife. (4) A wife doing any act with respect to any property of her husband, which, if done by the husband with respect to property of the wife, would make the husband liable to criminal proceedings by the wife under this Act, shall in like manner be liable to criminal proceedings by her husband. 13 antenuptial debts