Legal Definitions - cui ante divortium

Cui ante divortium is a historical legal term from English law, meaning "to whom before divorce." It refers to a specific type of legal action, known as a "writ of entry," that was available to women before its abolition in 1833.

This writ allowed a divorced woman to reclaim land that she had owned outright (known as holding it "in fee") before or during her marriage, but which her husband had sold to another party without her consent while they were still married. Essentially, it provided a legal remedy for a woman to recover her own property if her husband had improperly disposed of it during their marriage, and she was subsequently divorced.

• Example 1: Inherited Farmland
  Imagine a woman named Eleanor in the early 19th century who inherited a valuable farm from her father, giving her full ownership. After she married, her husband, without her knowledge or permission, sold the farm to a neighboring landowner to settle his own debts. Years later, Eleanor and her husband divorced. Upon discovering the unauthorized sale, Eleanor could have used a cui ante divortium writ to initiate legal proceedings to recover her farm from the neighbor, arguing that her husband had no right to sell her property without her consent.
• Example 2: Purchased Townhouse
  Consider another scenario where a woman named Sarah, before her marriage, used her personal savings to purchase a townhouse in London, holding it in fee. During her marriage, her husband, facing financial difficulties, secretly sold the townhouse to a distant relative without ever consulting Sarah. After their eventual divorce, Sarah learned about the sale and wished to reclaim her home. She could have filed a cui ante divortium writ to challenge the sale and recover the townhouse, asserting her original ownership and the lack of her consent in the transaction.
• Example 3: Gifted Estate
  Suppose a woman named Mary received a small country estate as a gift from a wealthy aunt, granting her full ownership. While married, her husband, without Mary's agreement, sold the estate to a local merchant to fund a speculative business venture. Following their divorce, Mary discovered the unauthorized sale and sought to regain her property. The cui ante divortium writ would have been the legal mechanism for her to pursue the recovery of the estate, based on her prior ownership and the absence of her consent for its sale during the marriage.