Also known as: husband
Written by attorneys · grounded in primary & secondary sources — see below
A Latin term for the male spouse in a marriage. The designation identifies the husband as one of two persons who may receive a conveyance creating a joint tenancy or tenancy by the entirety when the grantees are or may become husband and wife. The term also marks the boundary of the common-law marital exemption from rape liability and the absence of interspousal tort immunity.
Michael Miller and Meredith Maxwell receive a deed granting land to them and the issue of their union. Because the conveyance names two persons who might become husband and wife, the instrument creates the estate described in the governing property rule.
Mohan Malhotra tells his wife Melanie Morris in private about a business transaction. When the government later seeks to compel Melanie to disclose the conversation, the court applies the presumption that spousal communications are confidential and places the burden on the government to overcome it.
Select any source to read its text and confirm it supports the definition.
Miles Montgomery has intercourse with his wife Monica Morgan without her consent. Because the common-law definition requires that the man not be the woman's husband, the act does not constitute rape.
Melanie Morris negligently injures her husband Michael Miller while driving. Michael sues Melanie for damages. The court permits the action because one spouse is not immune from tort liability to the other solely by reason of the marital relationship.
Meredith Maxwell and Mohan Malhotra divorce after twenty years of marriage. The court apportions their accumulated assets between them without regard to marital misconduct and after considering each spouse's contributions and needs.
Monica Morgan and Miles Montgomery receive a deed granting land to them and the issue of their marriage. Because the grantees are husband and wife, the conveyance creates a tenancy by the entirety under the applicable property rule.
Yes. Confidential communications between husband and wife are privileged. A presumption of confidentiality applies, and the government bears the burden of overcoming it.
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No. The common-law definition requires that the man not be the woman's husband. Intercourse by a husband with his wife therefore falls outside the offense.
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Yes. A husband or wife is not immune from tort liability to the other solely by reason of the marital relationship.
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The court equitably apportions the property and assets of either or both spouses without regard to marital misconduct, considering factors such as duration of the marriage, contributions of each party, and needs of the parties.
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…North Carolina, for example, N. C. Gen. Stat. § 14-45.1 (Supp. 1971), requires written permission for the abortion from the husband when the woman is a married minor, that is, when she is less than 18 years of age, 41 N. C. A. G. 489 (1971); if the woman is an unmarried minor, written permission from the parents is…