Legal Definitions - entry for marriage in speech

"Entry for marriage in speech" refers to a legal concept where a gift or transfer of property is made by one person to another *specifically because* a marriage between them has been discussed or verbally agreed upon. It signifies a conditional transfer, where the underlying reason for the gift is the anticipated future marriage. If the marriage does not ultimately take place, the person who made the gift may have a legal basis to recover it, as the condition for which the gift was given was not fulfilled. This concept is closely related to the Latin term causa matrimonii praelocuti, meaning "on account of a marriage spoken beforehand."

Here are some examples to illustrate this concept:

• Example 1: Transfer of Property

  A man, having proposed and been accepted, transfers the title of a valuable vacation home to his fiancée. He explicitly states in a letter accompanying the transfer, "This home is for us to enjoy as husband and wife, a gift for our future together." This illustrates "entry for marriage in speech" because the transfer of the vacation home was made directly in contemplation of and on the condition of their impending marriage. If the engagement were later broken and the marriage did not occur, the man could potentially argue that the gift's underlying condition was not met and seek to recover the property.

• Example 2: Financial Gift from Family

  A woman's parents, thrilled about her upcoming wedding, give her fiancé a significant sum of money to invest in a business venture, verbally explaining, "This is to help you build a secure future for our daughter and you once you are married." Here, the financial gift to the fiancé is directly linked to the anticipated marriage. The parents' intention was to support the couple's married life. If the wedding is called off, the parents might have a claim to recover the funds, as the purpose for which the money was given (the marriage) did not materialize.

• Example 3: Combining Assets

  A couple, having verbally committed to marry and live together permanently, decides to combine their assets. One partner transfers a substantial portion of their investment portfolio into a joint account with the other, with both understanding that this is a step towards their shared financial future as a married couple. The transfer of the investment portfolio is made "in speech" or in contemplation of the marriage. The act of combining assets is predicated on the verbal agreement to marry and the expectation of a shared marital future. Should the marriage not proceed, the partner who made the transfer could argue that the condition for the transfer was not fulfilled and seek to reverse the transfer of assets from the joint account.