Feme Covert

Definition

Feme covert refers to the legal status of married women in common law jurisdictions, where a woman's legal rights and obligations were subsumed by those of her husband upon marriage. This concept was a central feature of the legal system during the colonial and early national periods in the United States.

5 Must Know Facts For Your Next Test

1. Under the doctrine of feme covert, a married woman's legal identity was essentially subsumed by her husband's, limiting her ability to own property, enter into contracts, or pursue legal action independently.
2. The concept of feme covert was a key aspect of the legal system during the colonial and early national periods in the United States, reflecting the patriarchal nature of society at the time.
3. Separate estates were a limited exception to the general principle of coverture, allowing some married women to maintain a degree of control over their own property and finances.
4. The passage of Married Women's Property Acts in the 19th century gradually eroded the doctrine of coverture, granting married women increased rights and legal autonomy.
5. The evolution of laws regarding feme covert and coverture was an important part of the broader struggle for women's rights and the expansion of female legal and economic independence in the United States.

Review Questions

• Explain the concept of feme covert and how it affected the legal status of married women in the United States during the colonial and early national periods.
  • The concept of feme covert referred to the legal status of married women in common law jurisdictions, where a woman's legal rights and obligations were subsumed by those of her husband upon marriage. Under this doctrine, a married woman essentially lost her independent legal identity, limiting her ability to own property, enter into contracts, or pursue legal action on her own. This reflected the patriarchal nature of society at the time and was a central feature of the legal system during the colonial and early national periods in the United States.
• Describe the role of separate estates and Married Women's Property Acts in challenging the doctrine of coverture and expanding the legal rights of married women.
  • Separate estates were a limited exception to the general principle of coverture, allowing some married women to maintain a degree of control over their own property and finances. While separate estates provided a degree of legal autonomy, the Married Women's Property Acts passed in the 19th century were more significant in eroding the doctrine of coverture. These acts gradually granted married women increased rights to own property, enter into contracts, and sue independently, representing an important step in the broader struggle for women's rights and the expansion of female legal and economic independence in the United States.
• Analyze the significance of the evolution of laws regarding feme covert and coverture in the context of the broader social and political changes occurring in the United States during the colonial and early national periods.
  • The evolution of laws regarding feme covert and coverture was an integral part of the broader struggle for women's rights and the expansion of female legal and economic independence in the United States. The gradual erosion of these doctrines, through the establishment of separate estates and the passage of Married Women's Property Acts, reflected the changing social and political landscape of the time. As the United States transitioned from a colonial to a national entity, the legal status of married women became a key battleground in the fight for greater gender equality and the recognition of women's autonomy. The shifting laws surrounding feme covert and coverture were both a product of and a catalyst for the broader social and political transformations occurring in the country during this pivotal period.

Related terms

Coverture: The legal doctrine that a woman's legal identity and rights were merged with her husband's upon marriage, making her unable to own property, enter into contracts, or sue independently.

Separate Estates: A legal arrangement where a married woman could maintain some control over her own property and finances, existing as an exception to the general principle of coverture.

Married Women's Property Acts: Legislation passed in the 19th century that gradually granted married women increased rights to own property, enter contracts, and sue independently, eroding the doctrine of coverture.