Legal Definitions - sur cui ante divortium

Sur Cui Ante Divortium is a historical legal concept referring to a type of legal action or writ that allowed a woman, after her divorce, to reclaim property she owned before her marriage. This action was specifically used when her husband had transferred or sold that property to another party during their marriage, typically without her proper consent or against her wishes.

Essentially, it provided a legal remedy for a divorced woman to recover assets that were rightfully hers before the marriage, but which her husband had improperly alienated while they were married.

• Example 1: Inherited Farmland

  Before her marriage, Eleanor inherited a valuable plot of farmland from her parents. During her marriage to Thomas, and without Eleanor's knowledge or legal consent, Thomas sold the farmland to a local developer. After their divorce, Eleanor discovered the sale. Using the principle of sur cui ante divortium, Eleanor could initiate a legal action to challenge the sale and seek to recover her inherited farmland, arguing that it was her pre-marital property improperly alienated by her husband during their marriage.

• Example 2: Family Heirloom Jewelry

  Prior to marrying David, Sarah owned a unique antique diamond necklace that had been passed down through generations of her family. During their marriage, David, facing financial difficulties, secretly sold the necklace to an antique dealer without Sarah's permission. Following their divorce, Sarah learned of the sale. The legal principle of sur cui ante divortium would allow Sarah to pursue a claim against the antique dealer or David to recover her family heirloom, as it was her personal property acquired before the marriage that her husband disposed of during the marriage.

• Example 3: Pre-Marital Cottage

  Lisa owned a small cottage outright before she married Michael. During their marriage, Michael, without Lisa's proper legal consent or knowledge, transferred the deed of the cottage to his brother as a gift. After their divorce, Lisa discovered the transfer. The principle of sur cui ante divortium would enable Lisa to challenge the transfer and seek to regain ownership of her pre-marital cottage, which her husband alienated during their marriage.