Legal Definitions - lord-and-master rule

The term lord-and-master rule refers to a historical legal doctrine also known as the head-and-master rule. This principle, prevalent in many legal systems until the late 20th century, legally designated the husband as the sole decision-maker and controller of marital property and finances within a marriage.

Under the head-and-master rule, a husband had exclusive authority over assets acquired during the marriage, even if the wife contributed to their acquisition. Wives often lacked the legal capacity to enter into contracts, manage property, or incur debt without their husband's explicit consent or signature. This rule reflected a societal view that the husband was the legal head of the household, with the wife having a subordinate legal status regarding financial and property matters.

Here are some examples illustrating the application of the head-and-master rule:

• Example 1: Property Sale

  Imagine a couple in the 1950s, Eleanor and Robert. Eleanor inherited a small plot of land from her family before she married Robert. After their marriage, she decided she wanted to sell the land to fund a new business venture. Under the head-and-master rule, even though the land was her inheritance, Robert's signature and consent were legally required for the sale to be valid. If Robert disagreed or refused to sign, Eleanor would have been unable to sell the property on her own, as the law vested control of marital assets, including her pre-marital property once married, primarily with him.

• Example 2: Business Debt

  Consider a scenario in the 1960s where John, a husband, decided to take out a significant loan to expand his business, using the family home as collateral. His wife, Mary, had no say in this decision and was not required to sign any loan documents. If John's business failed and he defaulted on the loan, the bank could foreclose on the family home, even though Mary had no direct involvement in incurring the debt or agreeing to use their home as security. The head-and-master rule granted John the unilateral authority to make such financial decisions affecting shared assets.

• Example 3: Wife's Earnings

  In the early 20th century, Sarah worked as a seamstress and earned a modest income. According to the head-and-master rule, any wages or income Sarah earned were legally considered her husband David's property. David had the legal right to control how Sarah's earnings were spent, or even to claim them entirely, without her consent. Sarah did not have independent legal control over her own wages, as they were subsumed under her husband's financial authority as the head of the household.