Utah Marital Property Provision Repeal, Proposition 2 (1998)
Utah Proposition 2, also known as the "Resolution Repealing Marital Property Provisions", appeared on the November 1998 statewide ballot in Utah, where it passed, with 70.5% in favor. It was one of six statewide ballot measures that year in Utah. All six measures, including Proposition 2, were legislative referrals.
The language on the ballot said:
Proposition 2 repeals a provision of the Utah Constitution regarding property rights of married women. The Utah Constitution presently contains a provision adopted in 1896 and intended to raise the protection given to property rights of married women to the same level as that given to the property rights of men. It provides that property of a married woman, acquired before marriage or acquired afterwards by purchase, gift, grant, or inheritance, should remain her separate property and not be liable for her husband's debts and obligations. Utah statutes contain a provision that is comparable to the constitutional provision. Proposition 2 repeals the Utah constitutional provision regarding property rights of married women. The repeal of this provision is not likely to affect the property rights of married women because over the years a substantial body of law has developed that protects those rights apart from the Utah constitutional provision. Even without the Utah constitutional provision, married women have, with respect to their separate property, the same legal rights as men.
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