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Husband and Wife legal definition of Husband and Wife. A man and woman who are legally married to one another and are thereby given by law specific rights and duties resulting from that relationship. The U. S. Under common law, when a man and woman married, they became a single person in the eyes of the law—that person being the husband. The duties and benefits afforded a married woman, as well as the restrictions on her freedom, reflected this view.

Even today, although the Equal Protection Clause provides that no state shall . Supreme Court has never interpreted this to mean that states must treat husbands and wives the same. There is a strong public policy in favor of marriage. Because of this, a husband and wife are not always able to determine their duties and privileges toward one another; instead, these rights and responsibilities are set forth by special legal principles that define the parameters within which husbands and wives must act. Support. Under common law, because it was unusual for a wife to have a job and earn her own money, a husband was obliged to provide his wife with . Today, judges have taken the support obligation further and construed the term necessary to include any item in furtherance of an established standard of living. Most jurisdictions make it a criminal offense for a spouse to fail to meet a support obligation.

Criminal nonsupport statutes are created to prevent men and women from becoming public charges and are most frequently applied upon the dissolution of a marriage when a spouse does not meet Alimony and Child Support obligations. Actions for support are rarely initiated by men although today an equal obligation of support applies. Property. Historically, wives were at a disadvantage as property owners. At common law, when a woman married, her personal possessions were considered to be the property of her husband.

In addition, the husband was entitled to use the land she owned or subsequently inherited, and to retain rents and profits obtained from it. A married woman's right to own property was not incorporated into U. S. These laws allowed husbands to permit their spouses to own separate property. Women were also granted the right to enter contracts, sell land, write wills, sue and be sued, work without their husband's permission and keep their earnings, and in certain jurisdictions sue for injuries caused by their husbands. Ordinarily, questions of who owns what property are brought to court only when a couple is obtaining a Divorce. Courts are otherwise reluctant to become involved in property disputes between a husband and wife.

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Various systems exist in the United States to determine who owns property in a marriage: a majority of states recognize separate property, whereas some adhere to Community Property or equitable distribution doctrines. The rule in separate- property states is that each person owns whatever items are in his or her name. In these states, various types of joint spousal ownership are recognized.

A Tenancy by the Entirety is a form of joint ownership whereby the husband and wife own all the property together. This type of arrangement ordinarily applies to real estate. In a tenancy by the entirety, neither spouse can sell the property or his or her interest in it independently. If the husband or wife dies, the remaining spouse has full survivorship rights.

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In states that adhere to community property laws, the husband and wife are each given an equal interest in everything they own with the exception of the separate property of either individual. A majority of the property obtained by a husband and wife during a marriage is considered community property. State law defines precisely what is considered separate property. In general, separate property includes whatever each party brought to the marriage and anything either spouse individually inherits during the marriage.

Equitable distribution is a method of property distribution that considers both the economic and noneconomic contributions of each spouse to the marital relationship, as well as each spouse's needs. It is based on the theory that a marriage should be regarded as a partner- ship of equal individuals. Disputes over property ownership may arise when one spouse dies. A majority of jurisdictions have eliminated the common- law rights of Dower and curtesy, which require that a spouse receive a specific portion of an estate. As an alternative, when one party leaves a will that disinherits her or his spouse, the survivor ordinarily has the right to acquire an elective share of the estate, which typically amounts to approximately one- third of its value.

In some jurisdictions, this right is given only to a surviving wife. Elective shares do not prevent the dissipation of an estate prior to death. In separate- property states, if a husband or wife dies intestate (without leaving a will), statutes provide for the surviving spouse to acquire a specified portion of the decedent's property. A statute might, for example, prescribe that the surviving spouse can acquire a one- half interest in the estate.

The size of the portion depends on whether there are surviving children. The distribution of property between a husband and wife might also be affected by a pre- marital agreement, also called an antenuptial or prenuptial agreement. Premarital agreements are typically entered into by a man and woman before they are married, to arrange for the distribution or preservation of property owned by each spouse in the event of divorce or death. Sexual Relationship. The most unique aspects of the relationship between a husband and wife are the legal sanctions attached to their sexual relationship.

A number of states will grant a divorce based on the ground that a husband or wife was denied sex by his or her spouse. Similarly, an individual is ordinarily able to obtain an Annulment if his or her spouse is unable to engage in sexual relations.

The right of the state to interfere with the marital sexual relationship is limited by the U. S. Constitution as interpreted by the Supreme Court. In the landmark case of griswold v.

Court held that state statutes cannot unreasonably intrude into the marital sexual relationship. In this case, Connecticut was not allowed to enforce a statute that made it a crime for a physician to counsel married people on Birth Control. This was viewed as an unreasonable intrusion into the marital sexual relationship, since the sanctity of the marital relationship would be invaded if the statute were enforced. The Court emphasized the significance and constitutional considerations of privacy in marriage. It was once thought that the degree of privacy to which a married couple is entitled could be restricted. Although some state statutes have used this reasoning to attempt to prohibit certain sex acts between a husband and wife, such as anal and oral sex, most courts have maintained that married couples have a constitutional privacy right over their marital sexual activities (Lovisi v.

A wife's right to choose abortion takes precedence over the husband- and- wife relation- ship. A husband may not preclude his wife from having a legal abortion, nor may he compel her to have one. The Supreme Court struck down statutory requirements that a husband must be notified of his wife's abortion, in Planned Parenthood v. At one time, a husband was allowed to have sexual relations with his wife with or without her consent, and for many years, courts supported a marital exception to laws against rape. Under current law, the fact that the accused party and the victim were husband and wife can no longer be used as a defense to criminal charges.

Violent assaults on a spouse are illegal in all states. A savage rape attack by a husband on his wife might be subject to prosecution as an assault or, in some cases, as an attempted murder. Crash Gallery watch online in english with english subtitles in 2160p 21:9. Crimes. Common law put many restrictions on a husband and wife when crimes occurred between them or against the marriage relationship itself. At one time, the courts recognized lawsuits based on Heart Balm Acts. In such an action, a husband asserted that a monetary recovery would salve the . Stream Golden Years online in english with english subtitles 2160 on this page.

The basis for many of these causes of action was that a husband was being denied his rights to the affections and services of his wife; these lawsuits did not extend to a wife. A husband once had an actionable injury if anyone induced his wife to leave him, under the theory that he was entitled to sue for damages any person who divested him of a servant. Similarly, a husband was able to bring an action for criminal conversation if his wife voluntarily engaged in Adultery. The theory was that criminal conversation interferes with a husband's exclusive privilege to obtain sexual services from his wife. The basis of recovery is the public policy in favor of preserving marriage and the family. Alienation of affection is another seldom prosecuted action.

In this type of action, a husband must prove that another man won his wife away from him, thereby depriving him of love, comfort, and companionship. Because of the theories that gave rise to such causes of action, very few jurisdictions recognize lawsuits based on heart balm acts. Yet, even today, Tort Law retains some special rules for husbands and wives when an outsider causes injury to the marital or family relationship. Consortium is the marital relationship between two people that encompasses their mutual right to support, cooperation, and companionship. An action for loss of consortium is based on the inconvenience of having a debilitated spouse. Husbands and wives have won suits for damages for injuries to their spouse precipitated by such things as Medical Malpractice, automobile accidents, False Imprisonment, and Wrongful Death.

Under common law, a husband was held responsible for any crimes committed by his wife against a third party. Although a wife had responsibility for crimes she committed, there was a legal presumption that her husband compelled her to perform any act she undertook when he was present.