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Simple English definitions for legal terms
lord-and-master rule
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A quick definition of lord-and-master rule:
Term: Lord-and-Master Rule
Definition: The lord-and-master rule, also known as the head-and-master rule, is an old belief that only the husband has the right to manage community property. This means that the wife has no say in how the property is managed. However, some courts have found this rule to be unfair and unconstitutional because it discriminates against women. The equal-management rule is a better alternative, which allows both spouses to manage community property equally.
A more thorough explanation:
Definition: The lord-and-master rule, also known as the head-and-master rule, is a historical doctrine that states that only the husband is authorized to manage community property. Some courts have found this rule to be unconstitutional gender-based discrimination. An alternative to this rule is the equal-management rule.
- In the past, under the lord-and-master rule, a husband could sell or dispose of community property without his wife's consent.
- Under the lord-and-master rule, a husband could make financial decisions without consulting his wife, even if it affected their shared property.
- Today, many states have rejected the lord-and-master rule and adopted the equal-management rule, which allows both spouses to manage community property equally.
These examples illustrate how the lord-and-master rule gave husbands complete control over community property, even if it was jointly owned with their wives. This rule was based on the belief that men were the head of the household and had the final say in all matters. However, this rule has been challenged as discriminatory and unfair to women, leading to the adoption of the equal-management rule in many states.