Husband And Wife in Europe

Definition of Husband And Wife

The old rule was ” Husband and wife are one in law.” At common law a husband became on his marriage absolutely entitled to all chases in possession belonging to his wife in her own right (including those acquired after marriage), and to the whole of the rents and profits of her lands during the continuance of the marriage, except in so far as such property was the separate estate of the wife. A wife’s choscs in action did not vest in the husband unless he reduced them into possession. The Matrimonial Causes Act, 1857, protected property acquired by a wife whilst living apart from her husband under a decree for judicial separation or a protection order. The Married Women’s Property Act, 1882, provided by section 1 that a married woman shall be capable of holding, acquiring and disposing of property whether real or personal, and of contracting and of suing and being sued as if she were a feme sole (q.v.). It, however, still leaves a husband liable for his wife’s torts and for her breaches of trust; but a wife who has separate property is liable for his maintenance (section 20) and for that of her children and grandchildren (section 21) if he or they become chargeable to the parish. A husband and wife may sue each other in contract but not in tort. See Necessaries ; IJower; Tenure by Curtesy of England; Entireties; Intestate Successio-ii ; Seroka v. Kattcnburg ; Jolly v. Rees; Mainwaring v. Leslie; Manbij v. Scott; Montague v. Benedict; Paquin v. Bcauclcrk ; Scott v. Morlcy; Seaton v. Benedict

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Definition of Husband And Wife is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.

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