Jointure in United Kingdom

Concept of Jointure

The following is an old definition of Jointure [1], a term which has several meanings:1. Originally, an estate limited to both husband and wife; but in common acceptation extends also to a sole estate limited to the wife only, and made in satisfaction of her whole dower. In the latter sense, as defined by Lord Coke, ” a competent livelihood of freehold for the wife, of lands and tenements; to take effect, in profit or possession, presently after the death of the husband, for the life of the wife at least.” One mode of barring the claim of a widow to dower is by settling upon her an allowance previous to marriage, to be accepted by her in lieu thereof. This is called a jointure. Although once common in England, of little moment since the Dower Act of 3 and 4 Wm. IV (1833), c. 105, placed the subject of the wife’s dower under the control of the husband in all cases where special provision is not made in her favor; which is usually done by marriage settlements. See Settle, 4. Jointures, where recognized, are legal or equitable in nature, and may be made before or after marriage. They have been regulated largely by the statute of 27 Hen. VIII (1536), c. 10,- the Statute of Uses. See Use, 3, Statute, etc

Alternative Meaning

An estate in joint-tenancy.

Resources

Notes and References

1. Meaning of Jointure provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)