What property rights do women have in Australia?

2 July 2021 - Ownership of property is an essential aspect of any individual's life.

1 July 2021 – Ownership of property is an essential aspect of any individual's life. Property rights allow citizens the right to own, acquire and manage various kinds of property, from bank accounts to livestock.  1 in 4 developing countries have laws restricting women from owning property, based on the UN-Habitat.

Providing women with property rights not only supports gender equality but also drives development. Therefore, lack of access to such rights, usually due to unequal inheritance laws, can lead to the underemployment of women and restrain the nation's overall growth. 

The absence of property rights limits women's autonomy and limits their influence in household decision making and more. It has an immense impact on women's financial security, social and legal status and often physical security as well. Domestic violence rates are often higher in spaces where women do not have property rights and lack control over their lives. 

There are several international regulations regarding women's right to own property. International human rights law mandates equal protection of property rights for men and women. According to the Universal Declaration of Human Rights, everyone has the right to own property independently and with others. Similarly, based on the Convention on the Elimination of All Forms of Discrimination against Women, countries must ensure men and women are treated equally in all schemes and reforms related to land and have equal rights to ownership, acquisition, management, administration and more. The Beijing Platform for Action and the Millennium Development Goals also mention gender equality and women's property rights. 

The Australian legal system treats the property rights of both married and unmarried women equally. Australia has a culture of having separate property in a marriage. The Married Persons (Equality of Status) Act 1996 protects both parties within the marriage. It enables married women to own property individually, allowing them to retain their financial autonomy and independence. Find out more about women and their property rights in Australia

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