coverture

/kuv"euhr cheuhr/, n.

1. a cover or covering; shelter; concealment.

2. Law. the status of a married woman considered as under the protection and authority of her husband.

[1175-1225; ME < AF, OF. See COVERT, -URE]

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In law, the inclusion of a woman in the legal person of her husband upon marriage.

Because of coverture, married women formerly lacked the legal capacity to hold their own property or to contract on their own behalf (see contract); similarly, a husband's tax payments or jury duty "covered" his wife as well. Aspects of coverture survived well into the 20th century; the term is still used in law when dividing jointly held property in divorce proceedings.

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▪ law

      Anglo-American common-law concept, derived from feudal Norman custom, that dictated a woman's subordinate legal status during marriage. 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. Once she married, however, her legal existence as an individual was suspended under “marital unity,” a legal fiction in which the husband and wife were considered a single entity: the husband. The husband exercised almost exclusive power and responsibility and rarely had to consult his wife to make decisions about property matters. Coverture rendered a woman unable to sue or be sued on her own behalf or to execute a will without her husband's consent and, unless some prior specific provision separating a woman's property from her husband's had been made, stripped a woman of control over real and personal property. Coverture was disassembled in the United States through legislation at the state level beginning in Mississippi in 1839 and continuing into the 1880s. The legal status of married women was a major issue in the struggle for woman suffrage.

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