Jure uxoris

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Jure uxoris (a Latin phrase meaning "by right of (his) wife")[1][2] describes a title of nobility used by a man because his wife holds the office or title suo jure ("in her own right"). Similarly, the husband of an heiress could become the legal possessor of her lands. For example, married women in England and Wales were legally incapable of owning real estate until the Married Women's Property Act 1882.

Kings who ruled jure uxoris were regarded as co-rulers with their wives and are not to be confused with

kings consort, who were merely consorts of their wives.[citation needed
]

Middle Ages

During the feudal era, the husband's control over his wife's real property, including titles, was substantial. On marriage, the husband gained the right to possess his wife's land during the marriage, including any acquired after the marriage.[3] Whilst he did not gain the formal legal title to the lands, he was able to spend the rents and profits of the land and sell his right, even if the wife protested.[3]

The concept of jure uxoris was standard in the

Amalric II of Jerusalem all received their titles as a result of marriage. Another famous instance of jure uxoris occurring was in the case of Richard Neville, 16th Earl of Warwick, who gained said title via his marriage to Anne Beauchamp, 16th Countess of Warwick, herself a daughter of Richard Beauchamp, 13th Earl of Warwick
.

Mary of Hungary
and obtained the crown through her, retaining it after her death in 1395.

A man who held a title jure uxoris could retain it even after the death or divorce of his wife. When the marriage of

Jogaila, who became king by marrying Jadwiga and passed on the kingdom to his children with Sophia of Halshany
).

Kings jure uxoris in the medieval era include:

Renaissance

By the time of the

Isabella and Ferdinand
shared crowns.

The precedent of jure uxoris complicated the lives of

Elizabeth I
, who never married.

In

Antoine of Navarre
in 1548, and she became queen regnant at her father's death in 1555. Antoine was crowned co-ruler jure uxoris with Jeanne in August.

Partial transference of power

In Great Britain,[clarification needed] husbands acted on their wives' behalf in the House of Lords, from which women were once barred. These offices were exercised jure uxoris.

When Lady Priscilla Bertie inherited the title Baroness Willougby de Eresby in 1780, she also held the position of Lord Great Chamberlain. However, her husband Sir Peter Gwydyr acted on her behalf in that office instead.

Conditions

In Portugal, a male consort could not become a king jure uxoris until the

Auguste of Beauharnais, never became monarch, because he died before he could father an heir. The queen's child did not have to be born after her accession. For example, Queen Maria I already had children by her husband when she acceded, so he became King Peter III
at the moment of his wife's accession.

Currently in Spain, the husband of a peeress in her own right may use his wife's title socially,[

Infanta Cristina
.

See also

References

  1. ^ In Latin, jure is the ablative case of jus, meaning a legal right.
  2. ^ Black, H. C. (1968), Law Dictionary (4th ed.), citing Blackstone, Commentaries, vol. 3, p. 210.
  3. ^ a b Emanuel, Steven L. (2004). Property. New York: Aspen Publishers, inc. p. 121.
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