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Simple English definitions for legal terms
head-and-master rule
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A quick definition of head-and-master rule:
The head-and-master rule is an old belief that only the husband can control the property that belongs to both him and his wife. However, some courts have found this rule to be unfair and unconstitutional because it discriminates against women. Another rule, called the equal-management rule, allows both spouses to manage community property equally.
A more thorough explanation:
The head-and-master rule is a historical legal doctrine that states that only the husband is authorized to manage community property. This means that the husband has complete control over any property acquired during the marriage, including real estate, money, and personal belongings.
For example, if a couple buys a house together during their marriage, the head-and-master rule would give the husband the sole authority to make decisions about the property, such as selling it or taking out a mortgage.
However, some courts have found the head-and-master rule to be unconstitutional gender-based discrimination. This means that the rule unfairly favors men over women and violates the principle of equal rights under the law.
As a result, some states have adopted the equal-management rule, which gives both spouses equal authority to manage community property. Under this rule, both spouses have an equal say in decisions about property acquired during the marriage.
Overall, the head-and-master rule is a historical legal doctrine that has been challenged in modern times due to its gender-based discrimination. While it may still be in effect in some states, many have moved towards a more equitable approach to managing community property.