Legal Definitions - et vir

Et vir is a Latin legal term that translates to "and husband." This phrase was historically used in legal documents, particularly in older common law systems, to refer to a married couple. It typically appeared when a married woman was named as a principal party in a legal action or transaction, and her husband was included alongside her. This usage reflected the legal conventions of the time, where a wife's legal identity and capacity were often linked to her husband's. The term is now considered archaic and is rarely, if ever, used in modern legal practice.

Here are some examples illustrating its historical application:

• Property Deed: Imagine a property deed from the 19th century where a married woman, Mrs. Eleanor Vance, was selling a piece of land. The deed might have listed the grantors (the sellers) as "Eleanor Vance et vir."

  This phrasing meant that Eleanor Vance and her husband were jointly conveying the property. Even if the property was primarily in Eleanor's name, the inclusion of "et vir" ensured that her husband was also recognized as a party to the transaction, which was often legally required at the time for a married woman to transfer property effectively.

• Legal Lawsuit: Consider a historical court case where a married woman, Mrs. Clara Jenkins, was being sued for a debt. The legal complaint might have named the defendants as "Clara Jenkins et vir."

  In this context, "et vir" indicated that the lawsuit was brought against Clara Jenkins and her husband. This was a common practice because, under older legal doctrines, a husband was often held responsible for his wife's debts or legal liabilities, or his involvement was necessary for her to be sued.