Coverture Legal Definition
Legal Definition of coverture. Coverture in Foreign Legal.
Coverture The Word You Probably Don T Know But Should National Women S History Museum
Coverture refers to the period during which a woman is married and reflects an old-fashioned common law legal concept regarding the status of a woman during marriage.
Coverture legal definition. Coverture sometimes spelled couverture was a legal doctrine in common law whereby upon marriage a womans legal rights and obligations were subsumed by those of her husband in accordance with the wifes legal status of feme covert. Though Spanish and French versions of coverture existed in the new world United States coverture is based in English law. Coverture in United Kingdom Definition of Coverture.
Coverture sometimes spelled couverture was a legal doctrine whereby upon marriage a womans legal rights and obligations were subsumed by those of her husband in accordance with the wifes legal status of feme covert. Coverture was a legal doctrine whereby upon marriage a womans legal rights were subsumed by those of her husband. Coverture was enshrined in the common law of England and the United States throughout most of the 19th century.
Law law the condition or status of a married woman considered as being under the protection and influence of her husband. Because of coverture married women formerly did not have the legal. An unmarried woman a feme sole had the right to own property and make contracts in her own name.
In English and American law coverture refers to womens legal status after marriage. The inclusion of a woman in the legal person of her husband upon marriage under common law. Under the coverture doctrine married spouses ceased to be distinct legal individuals but were considered to be a.
Legally upon marriage the husband and wife were treated as one entity. Rare shelter concealment or disguise. In accordance with the work A Dictionary of Law this is a description of Coverture.
An antiquated legal doctrine whereby a womans rights and obligations were subsumed by those of her husband. The related rules section is for members only and includes a compilation of all the rules of law in Quimbees database relating to this key term. Under this definition the marital portion of the pension does not end at the cut-off date the date the marriage ended but continues until the date of trial multiplied by the coverture fraction.
At common law a wife lost her own personality which became incorporated into that of her husband and could only act under his protection and cover. Thus rather than using the benefit accrued as of the cut-off date bright line method states using the coverture approach separate out the. Coverture Anglo-American common-law concept derived from feudal Norman custom that dictated a womans subordinate legal status during marriage.
She can therefore in general make no contracts without his consent express or implied. The idea was described in William Blackstones Commentaries on the Laws of England in the late 18th century. Baron and Feme W.
Coverture Formula Law and Legal Definition. Pleader 2 A 1. An archaic term that refers to the legal status of a married woman.
The doctrine of coverture is an old legal doctrine from English common law. The state or condition of a married woman. At Common Law coverture was the protection and control of a woman by her husband that gave rise.
Under coverture a married woman was included in her husbands legal identity. During coverture the being of the wife is civilly merged for many purposes into that of her husband. Prior to marriage a woman could freely execute a will enter into contracts sue or be sued in her own name and sell or give away her real estate or personal property as she wished.
An unmarried woman or feme sole had the right to own property and make contracts in her own name. Coverture in United States Coverture Definition The condition or state of a married woman. In essence the wifes separate legal existence disappeared as far as property rights and certain other rights were concerned.
The state or condition of a married woman. Coverture held that no female person had a legal identity. She can therefore in general make no contracts without his consent express or implied.
Imported to the American colonies as part of English common law coverture had a significant impact on womens lives. During coverture the being of the wife is civilly merged for many purposes into that of her husband. Coverture is a long-standing legal practice that is part of our colonial heritage.
The legal definition of Coverture Formula is A method of proportionate division of a spouses pension benefits as accrued during the period of marriage. Under coverture law wives did not have a separate legal status from their husbands and could not control their own property unless specific provisions were made before marriage they could not file lawsuits or be sued separately nor could. Coverture formula is a method of proportionate division of a spouses pension benefits that are accrued during the period of marriage.
In the eyes of the law she did not exist as an individual but was instead covered by her husband. During coverture the civil existence of the wife is for many purposes merged in that of her husband. From Old French from covert covered.
The coverture formula provides that the numerator of the fraction used to determine the marital portion is essentially the number of months of credible service of the employed spouse while married. The status of a woman during and arising out of marriage.
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