Munthali v. Mitawa

The landmark case stating that a married woman may, during the course of her marriage, acquire property independent of her husband. As long as the wife carries the burden of proof of showing that the property was purchased or received independently, she may own any property independent of her husband during the marriage, and will continue to own it independently after a divorce. The plaintiff was the daughter of the deceased and the defendant was the husband of the deceased. The deceased and the defendant had children, who were in the custody of the plaintiff. The plaintiff requested that the court make various orders regarding the deceased’s estate amounting to granting her permission to continue administering and managing the estate. The court found for the plaintiff, stating, inter alia, that the children of a woman who dies intestate are the heirs to her estate before her husband.