The term "cue ante divortium" is derived from Latin, meaning "to whom before divorce." It refers to an ancient legal writ that was used to help divorced women reclaim property, specifically lands and tenements, that their husbands had sold without their consent during the marriage. This writ was abolished in 1833, reflecting changes in legal protections for women in marriage and divorce.
This term is primarily relevant in the context of family law, particularly concerning property rights during and after marriage. Although the writ itself is no longer in use, its historical significance highlights the evolution of women's rights in legal matters related to divorce. Understanding this term can be beneficial for individuals navigating property disputes in divorce proceedings today. Users can find legal templates on US Legal Forms to assist in managing such issues effectively.
Here are a couple of examples of abatement:
(Hypothetical example) A woman named Sarah was married to John, and during their marriage, John sold a piece of property that Sarah owned. After their divorce, Sarah sought to reclaim her property using the legal mechanisms available to her at the time. Although the cue ante divortium writ is no longer applicable, similar protections now exist under modern family law.
| Term | Definition | Key Differences |
|---|---|---|
| Sur cui ante divortium | A writ similar to cue ante divortium. | Specifically refers to a type of recovery action for property held before divorce. |
| Property settlement | An agreement on the division of property during divorce proceedings. | Focuses on current legal processes rather than historical writs. |
If you believe you have a claim related to property sold during a marriage, consider consulting a legal professional who specializes in family law. They can guide you through the current legal options available to you. Additionally, you can explore US Legal Forms for templates that may assist in preparing necessary documents for your case.
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| Attribute | Details |
|---|---|
| Historical Context | Abolished in 1833 |
| Legal Area | Family law |
| Current Relevance | Highlights historical property rights for women |
It means "to whom before divorce," referring to an ancient legal writ for property recovery.