The term “Cum maritagio” is a Latin phrase utilised in Scots law to indicate “with the marriage portion”. It pertains to the compensation that a superior has the right to receive when their ward gets married.
In Scots law, cum maritagio refers to the payment that must be made to a superior when the superior’s ward gets married. This payment is also called a marriage portion. For instance, when the lord’s ward entered into matrimony, the lord insisted on receiving a cum maritagio payment from the groom’s family as a condition for the marriage. Typically, this payment consisted of money or property given to the lord as a gesture of respect and loyalty. The cum maritagio was a widespread practice in medieval Scotland and served to strengthen the bond between the lord and his vassals. These examples demonstrate the mandatory nature of cum maritagio in Scotland and its role in upholding the feudal system.
Cum Maritagio is a legal term that refers to the right of a widow to remain in her deceased husband’s home for a certain period of time after his death.
The length of time for Cum Maritagio can vary depending on the specific laws of the jurisdiction, but it typically lasts for a few months to a year.
In most cases, the widow cannot be forced to leave the home during Cum Maritagio, unless there are extenuating circumstances such as the home being sold or the widow remarrying.
During Cum Maritagio, the widow has the right to live in the home and may also have certain rights to the property, such as the right to use the household items and receive income from any rental properties.
In most cases, the widow cannot sell the property during Cum Maritagio without the consent of the deceased husband’s heirs or the court.
After Cum Maritagio ends, the widow may be required to vacate the property and may also have to relinquish any rights to the property, depending on the specific laws of the jurisdiction.
In some jurisdictions, Cum Maritagio can be waived in a prenuptial agreement, but it is important to consult with a legal professional to ensure that the agreement is valid and enforceable.
If the deceased husband’s will conflicts with Cum Maritagio, the laws of the jurisdiction will typically prevail, and the widow may still have the right to remain in the home for the specified period of time.
In jurisdictions where same-sex marriage is legally recognized, Cum Maritagio can apply to same-sex couples in the same way as it does to opposite-sex couples.
If you have questions about Cum Maritagio or any other legal matters, it is important to consult with a qualified attorney who can provide you with personalized legal advice based on your specific circumstances.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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