Legal Definitions - coverture

Coverture was an archaic legal doctrine, primarily in English common law, that defined the legal status of a married woman. Under coverture, a woman's legal identity was considered to be "covered" or subsumed by that of her husband. This meant that upon marriage, a woman lost much of her independent legal standing and was largely unable to act on her own behalf in legal or financial matters. Her husband became her legal representative, controlling her property and making decisions that affected her legal rights.

This doctrine essentially merged the legal personality of the wife into that of her husband, making them one legal entity, with the husband as the head. Consequently, a married woman could not typically own property, enter into contracts, or sue or be sued independently.

Here are some examples illustrating the concept of coverture:

• Property Ownership: Imagine a woman in the 18th century who inherited a valuable piece of land from her deceased father. If she were to marry, under the doctrine of coverture, the legal control and management of that land would automatically transfer to her husband. She would not be able to sell it, mortgage it, or even make decisions about its use without his consent, as her legal rights over the property were absorbed into his.

  This example demonstrates how coverture stripped a married woman of independent property rights, placing control and ownership, in practical terms, with her husband.

• Contractual Agreements: Consider a married woman who wished to purchase goods on credit from a local merchant or enter into a lease agreement for a small shop to start a business. Under coverture, she would not have the legal capacity to enter into such contracts independently. Any agreement would have to be made by her husband on her behalf, or with his explicit consent and signature, because she was legally unable to bind herself to contracts.

  This illustrates how coverture limited a married woman's ability to engage in financial transactions and enter into binding agreements, requiring her husband's legal personality to act.

• Legal Action: Suppose a married woman suffered an injury due to the negligence of another person and wished to seek compensation through a lawsuit. Under coverture, she could not file a lawsuit in her own name. Her husband would have to be the one to initiate the legal action, often as "husband and wife," because her legal right to sue for damages was absorbed into his legal identity.

  This demonstrates that coverture prevented a married woman from independently seeking legal redress or being held accountable in court, requiring her husband to represent her in legal proceedings.