11:44
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Simple English definitions for legal terms
tenancy by the curtesy
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A quick definition of tenancy by the curtesy:
Tenancy by the curtesy is an old law that gave a husband the right to live on his wife's land after she died, as long as they had a child together. This law has mostly been changed now. It used to be called estate by the curtesy of England or Scotland. There were two types of tenancy by the curtesy: curtesy consummate and curtesy initiate. Curtesy consummate was when the husband had the right to his wife's estate after her death, and curtesy initiate was when the husband had the right to his wife's estate after they had a child who could inherit, but before his wife died.A more thorough explanation:
Tenancy by the curtesy is a legal term that refers to a husband's right to a life estate in the land that his wife owned during their marriage, upon her death, assuming that a child was born alive to the couple. This right has been largely abolished.
For example, if John and Jane were married and owned a house together, and Jane passed away, John would have the right to live in the house for the rest of his life, as long as they had a child together.
It's important to note that this right has been largely abolished, meaning that it's not commonly used in modern times.
Overall, tenancy by the curtesy is a legal term that refers to a husband's right to a life estate in his wife's property after her death, assuming they had a child together.