Also known as: disability · common law disability · common-law disability · common law incapacity
Written by attorneys — see sources below.
A common-law doctrine that imposed civil disabilities on married women by reason of coverture. The doctrine denied married women independent capacity to contract, sue or be sued, execute wills, or enter certain professions without spousal consent.
Mary Thompson, a married woman, sought to sell land she inherited before marriage. Under the common law disability her husband Robert Thompson's consent was required. The buyer refused to proceed because Mary lacked independent contractual capacity due to coverture.
Elizabeth Parker tried to sue a neighbor for trespass on her separate property. The common law disability prevented her from suing without her husband William Parker joined as a party. The court dismissed the action for lack of capacity under coverture rules.
Sarah Jenkins prepared a will leaving her personal property to her children. The common law disability barred her from executing a valid will without spousal consent. Her husband Thomas Jenkins refused consent, rendering the document ineffective at probate.
Anna Collins applied to practice law in the local courts. The common law disability required her husband George Collins's consent for admission to the profession. The licensing authority rejected her application solely on grounds of coverture.
Catherine Reed wished to mortgage her dower interest in family land. The common law disability meant she could not act independently and needed her husband James Reed's joinder. Lenders declined the transaction citing her lack of legal capacity.
Margaret Hayes signed a promissory note for household goods. The common law disability rendered the agreement voidable because her husband Henry Hayes had not consented. Creditors could not enforce the debt against Margaret personally.
The doctrine removed the capacity to contract, to sue or be sued in their own name, to execute a will, and to pursue certain professions without spousal consent.
The disability formed the core legal consequence of coverture, under which a married woman's legal identity merged with her husband's, producing the listed incapacities.
No. Statutes and constitutional provisions have abolished these disabilities, though the historical doctrine remains relevant for understanding the evolution of married women's property rights.
…relationships, this denial to same-sex couples of the right to marry works a grave and continuing harm. The imposition of this disability on gays and lesbians serves to disrespect and subordinate them. And the Equal Protection Clause, like the Due Process Clause, prohibits this unjustified infringement of the fundamental…