Jure uxoris
Jure uxoris
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Jure uxoris

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Jure uxoris

Jure uxoris (a Latin phrase meaning "by right of (his) wife") 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 prohibited from owning real estate until the Married Women's Property Act 1882.

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. 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.

The concept of jure uxoris was standard in the Middle Ages even for queens regnant. In the Kingdom of Jerusalem, Fulk V of Anjou, Guy of Lusignan, Conrad of Montferrat, Henry II of Champagne, and Aimery of Lusignan all became kings as a result of marriage. Another famous instance of jure uxoris occurring was the case of Richard Neville, 16th Earl of Warwick, who gained that title via his marriage to Anne Beauchamp, 16th Countess of Warwick, herself a daughter of Richard Beauchamp, 13th Earl of Warwick.

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

A man who held the title jure uxoris could retain it even after the death or divorce of his wife. When the marriage of Marie I of Boulogne and Matthew of Boulogne was annulled in 1170, Marie ceased to be countess, while Matthew I continued to reign until 1173. Likewise, upon the death of Maria, Queen of Sicily in 1401, her widower Martin I of Sicily continued to reign as King until his death in 1409. In some cases, the kingdom could pass to the husband's heirs, even when they were not an issue of the wife in question (e.g. 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:

By the time of the Renaissance, laws and customs had changed in some countries: a woman sometimes remained monarch, with only part of her power transferred to her husband. This was usually the case when multiple kingdoms were consolidated, such as when Isabella and Ferdinand shared crowns.

The precedent of jure uxoris complicated the lives of Henry VIII's daughters, both of whom inherited the throne in their own right. The marriage of Mary I to King Philip in 1554 was seen as a political act, as an attempt to bring England and Ireland under the influence of Catholic Spain. Parliament passed the Act for the Marriage of Queen Mary to Philip of Spain specifically to prevent Philip from seizing power on the basis of jure uxoris. As it turned out, the marriage produced no children, and Mary died in 1558, ending Philip's jure uxoris claims in England and Ireland, as envisaged by the Act, and was followed by the accession of Elizabeth I, who never married.

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