attorney since that does not imply separation from him. A wife could not
sue or be sued, but a husband could be the defendant or sue in his wife’s
place. A wife could not testify against her husband, was not liable for her
own actions, and in some cases was excused from having committed
crimes if it could be shown that she acted under her husband’s direction.
In addition, common law permitted a husband to use physical force to
discipline his wife, permitting him to whip her or use his fists as well as re-
strict her to his home, and married women could not establish their own
domiciles. Every married woman’s surname was by law that of her hus-
band; a married woman had no right to adopt a different name; and if a
man changed his name, his wife’s name automatically changed.
Coverture denied women virtually all property rights. The personal
property, money, and goods that a woman took into marriage or inherited
after it belonged entirely to her husband, to do with as he wished. A wife
did not own her clothing, and if she left her husband, she could be
charged with theft for the clothes she wore. Any earnings due her be-
longed to her husband because a woman’s services belonged to her hus-
band. In addition, because a wife had no separate legal standing, only the
husband could sue for wages due her. At his death, she was entitled to one-
third of her husband’s real estate and one-third of her personal property,
unless he bequeathed his property otherwise. He could will items to her
because at his death, coverture ended.
Coverture assigned specific responsibilities to husbands and wives
that were reciprocal in nature but not equal. The husband was sole legal
guardian of the children, was the preferred legal custodian of children in
the event of divorce, and could appoint a guardian other than the mother
should he die. A husband assumed any debts his wife had at the time of
marriage and those that she acquired while married. In addition, a hus-
band was bound to provide his wife with the necessities of life, even after
legal separation or divorce. Wives had a legal obligation to perform do-
mestic chores but had no right to an allowance, wages, or any income.
The civil death created by coverture provided the basis for excluding
women from serving on juries, holding public office, and engaging in cer-
tain occupations.
Unmarried adult women, known as femme sole, did not have the
same constraints on their legal and economic activities. Although they did
not have political rights until the Nineteenth Amendment was ratified in
1920, unmarried adult women could own and inherit property, own their
earnings, enter into contracts, and sue and be sued.
Eliminating these and other forms of legal discrimination based on
sex began with the passage of married women’s property acts in the 1840s
and continued with some states giving women the ownership of their
176 Coverture