Written by attorneys · grounded in primary & secondary sources — see below
A married man who holds the legal status of spouse to a wife.
Sources & Authorities· 39 primary sources
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Cases
Statutes
Uniform Acts
Model Codes
Common Law
Restatements
How it applies
Common Examples
6
Adultery Discovery Reduces Charge
Hugo Hart returned home early and found his wife in bed with another man. Overcome by sudden passion, Hugo killed the man before any cooling-off period elapsed. The killing that would otherwise be murder is reduced to voluntary manslaughter because catching a spouse in adultery constitutes adequate provocation at common law.
Spouse Economic Interest Requires Recusal
Judge Hazel Hoffman was assigned a contract dispute involving Harbor National Bank. Her husband owned a substantial block of the bank's stock. The judge must recuse herself because she knows her spouse holds an economic interest in a party to the proceeding.
Gift Instrument to Spouse Barred
Attorney Hannah Hughes prepared a will for client Hiroshi Hasegawa that left a substantial bequest to the client's husband. Because the recipient is not related to the lawyer, the instrument violates the rule against preparing a substantial gift to a non-relative.
Conveyance To Spouses Creates Fee Tail
Hannah Hale and her husband Hamid Hassan received a deed conveying land to them jointly with their issue. Because the grantees are husband and wife, the conveyance satisfies the requirement for creating a fee tail under the applicable property rules.
Spousal Communication Remains Privileged
While married, Hugo Hart wrote a letter to his wife describing a business transaction. Years later the government subpoenaed the letter in a criminal investigation. The communication is protected by the marital communications privilege and cannot be compelled without overcoming the presumption of confidentiality.
Gift to Spouse Stays Individual Property
After marriage Hazel Hoffman received a cash gift from her aunt that was made solely to her and not to both spouses. The funds are classified as her individual property under the uniform act because they were acquired by gift from a third person to the spouse alone.
Common questions
Frequently Asked
6
Does discovering a spouse in the act of adultery qualify as adequate provocation at common law?+
Yes. Catching one's spouse in the act of adultery is expressly recognized as adequate provocation that can reduce an intentional killing from murder to voluntary manslaughter when the other elements of heat of passion are present.
When must a judge recuse because of a spouse's economic interest?+
A judge must recuse when the judge knows the spouse has an economic interest in the subject matter in controversy or in a party to the proceeding.
May a lawyer draft a will leaving a substantial gift to the client's spouse?
+
A lawyer may do so only if the recipient is related to the lawyer within the permitted degrees or maintains a close familial relationship with the lawyer. Otherwise the rule prohibits preparing an instrument that gives the lawyer or a related person a substantial gift from a client.
How does the status of husband and wife affect creation of a fee tail in property?+
A conveyance to two persons who are or might become husband and wife satisfies the requirement for creating a fee tail when the conveyance also limits the estate to the issue or a designated class of the issue of such two persons.
Are communications between husband and wife protected from disclosure?+
Confidential communications between husband and wife made during marriage are protected by the marital communications privilege. The privilege creates a presumption of confidentiality that the government must overcome.
When is property acquired by gift during marriage treated as individual rather than marital property?+
Property acquired during marriage by gift or disposition at death from a third person to one spouse alone, and not to both spouses, is classified as the recipient spouse's individual property.
, wife, and their un
married
children; parents and their children; or a widow or widower and their un
married
children. Under the ordinance, John Moore could not live with his grandmother…
and fathers are ordinarily responsible for such expenses of
spouse
s and children. It would be illogical to accept the right of a wife to recover in contract for breach of warranty and to…
Trusts and Estates Decedents EstatesIntestate succession · Share of the surviving spouseUBEFoundational