Legal Definitions - vir et uxor

Vir et uxor is a Latin legal phrase that translates directly to husband and wife. It refers to a legally married couple, often used in historical legal texts or in contexts where the specific legal relationship, rights, and obligations between spouses are being discussed.

• Example 1: Property Ownership

  Imagine a historical property deed from the 19th century stating that a piece of land was conveyed to "John Smith and Mary Smith, vir et uxor." This phrasing would specifically indicate that John and Mary were legally married at the time of the property transfer. It could also imply a particular form of joint ownership, such as tenancy by the entirety, which is a special type of joint ownership available exclusively to married couples, where each spouse owns an undivided interest in the whole property and it automatically passes to the surviving spouse upon the other's death.

• Example 2: Spousal Privilege in Court

  Consider a criminal trial where the prosecution wants to compel a witness to testify against their spouse. In jurisdictions that recognize spousal testimonial privilege, the witness, as the uxor (wife) or vir (husband) of the accused, might have the legal right to refuse to testify. The legal principle behind this privilege is rooted in the unique legal and social bond recognized between a husband and wife, aiming to protect marital harmony and confidential communications within the marriage.

• Example 3: Estate Planning and Inheritance

  Suppose an old will or trust document from a jurisdiction influenced by Roman law specifies that certain assets are to be held for the benefit of "the surviving vir et uxor" of a particular lineage. This term would clearly identify the legally married spouse who outlives their partner as the intended beneficiary, distinguishing them from other family members or unmarried partners. It underscores the legal recognition of the marital bond as a basis for inheritance rights and estate distribution.