Legal Definitions - jus mariti

Jus mariti refers to a historical legal principle in Scots law, now abolished, which dictated that a husband automatically acquired ownership of all his wife's movable property upon marriage. This meant that any personal possessions, money, or other assets that could be moved and were owned by the wife legally became the husband's property, giving him full control over them.

Here are some examples illustrating how jus mariti would have applied:

• Imagine a woman in 18th-century Scotland who inherited a substantial sum of money and a collection of valuable antique furniture from her parents before she married. Under jus mariti, the moment she married, all that inherited money and the antique furniture would legally transfer ownership to her husband. He would then have the right to manage, spend, or sell these assets as he saw fit, without needing her consent.

  This example demonstrates jus mariti because the wife's inherited movable assets (money and furniture) automatically became her husband's property simply by virtue of their marriage.

• Consider a married woman who was a skilled weaver and earned income from selling her textiles. In a society governed by jus mariti, any wages or profits she made from her work, being movable property, would legally belong to her husband. She would not have independent control over her earnings; her husband would be the legal owner and could decide how the money was used.

  This illustrates jus mariti by showing how a wife's personal earnings, considered movable property, were legally owned and controlled by her husband.

• Suppose a woman owned a prize-winning horse and a valuable collection of rare books before her wedding. Once she entered into marriage, according to the principle of jus mariti, the legal ownership of both the horse and the books would automatically pass to her husband. He would then have the right to sell the horse, lend out the books, or otherwise dispose of them, as they were legally his possessions.

  This example highlights jus mariti by demonstrating the transfer of ownership of a wife's personal movable possessions (a horse and books) to her husband upon marriage.