Short answer. Yes — and also in your favor. Article 1110 of the Civil Code states plainly that prescription, both acquisitive and extinctive, runs in favor of, or against a married woman. Being married does not suspend or interrupt any prescription period, whether you are trying to assert a right or someone is asserting one against you.

What the law says

Prescription, acquisitive and extinctive, runs in favor of, or against a married woman.

Civil Code, Article 1110 — Prescription and Married Women. Read the full provision →

Equal treatment under the prescription rules

Article 1110 of the Civil Code makes a brief but important statement: Prescription, acquisitive and extinctive, runs in favor of, or against a married woman. The article establishes that married women are treated the same as anyone else for prescription purposes. Marriage does not give a woman any protection against the running of a prescription period, and it does not prevent her from accumulating prescriptive rights either. She can lose rights through inaction and gain rights through long possession — just as any other person can.

The historical context of this provision

This provision is a response to the legal framework that preceded the Civil Code, under which a married woman's legal capacity to act independently was limited. Under older rules, a married woman often required her husband's consent to sue, to own property independently, or to enter into contracts. Because prescription depends on the ability to take legal action — to assert a right or defend against a claim — arguments were made that prescription should not run against a married woman who lacked independent legal capacity. Article 1110 resolves this by treating married women as fully capable persons for prescription purposes, consistent with the Civil Code's broader recognition of legal equality between spouses.

What this means in practice

If someone has been occupying your land, the prescription period for acquisitive prescription — by which the occupant could eventually claim ownership — runs against you even if you are a married woman. Conversely, if you have been possessing land openly and continuously in the concept of an owner, the time accumulates toward a prescriptive claim in your favor. Similarly, if you have a claim to enforce — a debt someone owes you, an obligation you can sue on — the extinctive prescription period runs, and if you wait too long, your right to sue is extinguished. Marriage changes nothing in this calculus.

Both types of prescription apply equally

Article 1110 explicitly covers both acquisitive and extinctive prescription, and both the favorable and unfavorable directions. Acquisitive prescription is the mechanism by which long, open possession can ripen into ownership. Extinctive prescription is the mechanism by which a right to bring a legal action disappears after the statutory period elapses without action. In both types, and whether the prescription is operating for or against her, a married woman is in no different position than any other person. She must act within prescribed periods to protect her rights, and her possession counts toward acquisitive claims on the same basis as anyone else's.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.