Jointure
Encyclopedia
Jointure is, in law
, a provision for a wife after the death of her husband. As defined by Sir Edward Coke
, it is "a competent livelihood of freehold for the wife, of lands or tenements, to take effect presently in possession or profit after the death of her husband for the life of the wife at least, if she herself be not the cause of determination or forfeiture of it': (Co. Litt. 36b).
A jointure is of two kinds, legal and equitable. A legal jointure was first authorized by the Statute of Uses
. Before this statute a husband had no legal seisin
in such lands as were vested in another to his "use", but merely an equitable estate. Consequently it was usual to make settlements on marriage, the most general form being the settlement by deed of an estate to the use of the husband and wife for their lives in joint tenancy (or "jointure") so that the whole would go to the survivor. Although, strictly speaking, a jointure is a joint estate limited to both husband and wife, in common acceptation the word extends also to a sole estate limited to the wife only.
The requisites of a legal jointure are:
In equity, any provision made for a wife before marriage and accepted by her (not being an infant) in lieu of dower was a bar to such. If the provision was made after marriage, the wife was not barred by such provision, though expressly stated to be in lieu of dower; she was put to her election between jointure and dower.
After marriage, a wife could bar her right to dower
by a fine
being levied. This meant that in practice, jointures could also be created by a post-nuptial settlement, provided the wife was willing. Wives (or their relatives on their behalf) often paid her husband a lump sum (known as a portion) or otherwise handed over her property to him, in exchange for a jointure (usually being more than a third) being settled on her for life. This might (in practice) be in the form of a share of the whole property or the right to a particular part of it or an annuity from it.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, a provision for a wife after the death of her husband. As defined by Sir Edward Coke
Edward Coke
Sir Edward Coke SL PC was an English barrister, judge and politician considered to be the greatest jurist of the Elizabethan and Jacobean eras. Born into a middle class family, Coke was educated at Trinity College, Cambridge before leaving to study at the Inner Temple, where he was called to the...
, it is "a competent livelihood of freehold for the wife, of lands or tenements, to take effect presently in possession or profit after the death of her husband for the life of the wife at least, if she herself be not the cause of determination or forfeiture of it': (Co. Litt. 36b).
A jointure is of two kinds, legal and equitable. A legal jointure was first authorized by the Statute of Uses
Statute of Uses
The Statute of Uses was an Act of the Parliament of England that restricted the application of uses in English property law. The Statute was originally conceived by Henry VIII of England as a way to rectify his financial problems by simplifying the law of uses, which moved land outside the royal...
. Before this statute a husband had no legal seisin
Seisin
Seisin is the term denoting the legal possession of a feudal fiefdom . It was used in the form of "the son and heir of X has obtained seisin of his inheritance", and thus is effectively a term concerned with conveyancing in the feudal era...
in such lands as were vested in another to his "use", but merely an equitable estate. Consequently it was usual to make settlements on marriage, the most general form being the settlement by deed of an estate to the use of the husband and wife for their lives in joint tenancy (or "jointure") so that the whole would go to the survivor. Although, strictly speaking, a jointure is a joint estate limited to both husband and wife, in common acceptation the word extends also to a sole estate limited to the wife only.
The requisites of a legal jointure are:
- the jointure must take effect immediately after the husband's death;
- it must be for the wife's life or for a greater estate, or be determinable by her own act;
- it must be made before marriage; if after, it is voidable at the wife's election, on the death of the husband;
- it must be expressed to be in satisfaction of dowerDowerDower or morning gift was a provision accorded by law to a wife for her support in the event that she should survive her husband...
and not of part of it.
In equity, any provision made for a wife before marriage and accepted by her (not being an infant) in lieu of dower was a bar to such. If the provision was made after marriage, the wife was not barred by such provision, though expressly stated to be in lieu of dower; she was put to her election between jointure and dower.
After marriage, a wife could bar her right to dower
Dower
Dower or morning gift was a provision accorded by law to a wife for her support in the event that she should survive her husband...
by a fine
Fine of lands
A fine of lands was a species of conveyance abolished in England in 1833. It took the form of a fictitious suit compromised or terminated by the acknowledgment of the previous owner that such land was the right of the other party...
being levied. This meant that in practice, jointures could also be created by a post-nuptial settlement, provided the wife was willing. Wives (or their relatives on their behalf) often paid her husband a lump sum (known as a portion) or otherwise handed over her property to him, in exchange for a jointure (usually being more than a third) being settled on her for life. This might (in practice) be in the form of a share of the whole property or the right to a particular part of it or an annuity from it.