Define: Coverture

Coverture is a legal doctrine that was prevalent in common law jurisdictions, including England and the United States, during the 18th and 19th centuries. It stated that upon marriage, a woman’s legal rights and obligations were merged with those of her husband, effectively making him the head of the household and giving him control over her property and legal decisions.

No, coverture is no longer recognized in modern legal systems. It has been abolished in most jurisdictions as it was seen as discriminatory towards women and violated their rights to property ownership and legal autonomy.

Under coverture, married women had limited legal rights. They could not own property, enter into contracts, or sue or be sued in their own name. Their legal existence was essentially merged with that of their husbands.

Coverture made it difficult for women to obtain a divorce. In many cases, they had to prove extreme cruelty or adultery on the part of their husbands, while men had more lenient grounds for divorce. Additionally, any property acquired during the marriage was considered the husband’s, making it challenging for women to secure financial independence after divorce.

Coverture generally applied to all marriages, regardless of social or economic status. However, the specific rights and obligations could vary depending on local laws and customs.

Coverture began to be challenged in the late 19th and early 20th centuries as women’s rights movements gained momentum. It was gradually abolished through legislative reforms and court decisions that recognized women’s rights to property ownership, contract, and legal autonomy.

Under coverture, a woman’s property would typically pass to her husband upon marriage. This meant that she had limited control over her inheritance and could not leave it to anyone else, including her children, without her husband’s consent.

Coverture did not explicitly prohibit women from working, but it did limit their ability to enter into contracts or own property independently. This made it challenging for married women to engage in business or pursue professional careers.

Coverture played a significant role in the historical acceptance of marital rape. Since a woman’s legal existence was merged with her husband’s, it was commonly believed that a husband had an inherent right to sexual access to his wife, regardless of her consent. However, modern legal systems have recognized marital rape as a crime and have abolished any legal defences based on coverture.