Marital Interests

Question 1

The Common Law Marital Property System

Answer 1

1. At the instance of marriage, a woman moved under her husband’s protection or cover.
2. She ceased to be a legal person for the duration of the marriage. All property owned by the wife or acquired thereafter became the property of the husband.

Question 2

Married Women’s Property Acts

Answer 2

Gave a married woman control over all her property.

Question 3

Termination of Marriage by Death of One Spouse (Common Law)

Answer 3

1. Land should stay in the patriarchal family, but surviving spouses should be supported for their lives.
2. Dower - to a surviving wife in all freehold land of which her husband was seised during marriage and that was inheritable by the issue of husband and ife.
3. Curtesy - a widower was entitled to a life estate in each piece of the wife’s real property if certain conditions were fulfilled.

Question 4

The Modern - Elective Share

Answer 4

1. Ordinarily only applies to property that the decedent spouse owns at death.