Also known as:husfastna · husfasta · householder · husband
Written by attorneys · grounded in primary & secondary sources — see below
A historical status under Old English law held by a person who owns house and land and is bound to a frankpledge.
Sources & Authorities· 19 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Conveyance to Husfastne and Spouse
Hassan Hakim, recognized as a husfastne, and his wife receive a deed granting land to them and their future children. The court upholds the joint tenancy because the grantees fit the required description of two persons who are or might become husband and wife together with their issue.
Spousal Communication Protection
Hana Hashimoto, wife of a husfastne, refuses to disclose a private conversation with her husband to prosecutors. The court shields the exchange because communications between spouses carry a presumption of confidentiality that the government must overcome.
Harriet Hamilton accuses a man of rape, but evidence shows she is married to the defendant. The court dismisses the charge because common-law rape requires that the woman not be the wife of the man committing the act.
Interspousal Tort Suit Allowed
Hilda Hernandez, married to a husfastne, sues her husband for injuries caused by his negligent driving. The court permits the action because one spouse is not immune from tort liability to the other solely by reason of the marital relationship.
Property Division on Divorce
Hamid Hassan, a husfastne, and his wife seek dissolution of marriage. The court equitably apportions their assets without regard to marital misconduct after weighing each spouse's contributions and needs.
Tenancy by the Entirety Creation
Hector Hernandez, identified as a husfastne, and his wife take title to land under a conveyance naming them and their children. The court recognizes a tenancy by the entirety because the grant satisfies the requirements for that form of ownership between husband and wife and their issue.
Common questions
Frequently Asked
1
What does the term husfastne historically denote?+
It denotes a person who holds house and land and is bound to a frankpledge under Old English law.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…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…