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NeCede's

Maxim 4.7.4

A woman who voluntarily leaves her husband and commits adultery loses her dower, unless her husband takes her back of his own accord.

Sponte virum fugiens mulier et adultera facta, dote sua careat, nisi sponsi sponte retracta.

Source: Co. Litt. 37; Jackson, *Latin for Lawyers* (1915), Max. 991; Weisman, 33d Difficulty 2/5 — Approachable

Explanation

Dower is the reward of fidelity — voluntary desertion and adultery forfeit the right, but the husband's reconciliation restores it.

Where this applies

  • A wife who left her husband and committed adultery claims dower.
  • A surviving spouse's right to the estate is challenged due to marital misconduct.

Legal domains

See also

Cite this maxim

NeCede Max. 4.7.4 — A woman who voluntarily leaves her husband and commits adultery loses her dower, unless her husband takes her back of his own accord. — Co. Litt. 37; Jackson, *Latin for Lawyers* (1915), Max. 991; Weisman, 33d (Sponte virum fugiens mulier et adultera facta, dote sua careat, nisi sponsi sponte retracta.)

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