Jointure - Definition - Law Dictionary Home Dictionary Definition jointure

Definition :

Jointure, strictly, a joint estate limited to husband and wife, but in common acceptation extended also to a sole estate limited to the wife only. To a legal jointure these four things were requisite:-

The old rules were: (1) The jointure must take effect immediately on the death of the husband. (2) It must be for her own life at least, and not pur autre vie, or for any term of years, or for any smaller estate. (3) It must be made to herself, and no other in trust for her. (4) It must be made, and so in the deed particularly expressed to be, in satisfaction of the whole, and not of part of her dower. It may be made either before or after marriage; if made after marriage she may waive it, and claim her dower. 2 Bl. Com. 137.

The (English) Statute of Jointures, 11 Hen. 7, c. 20, was repealed by 3 & 4 Wm. 4, c. 74, s. 17, except as to lands comprised in settlements made before the passing of this Act. See DOWER; and 20 Hen. 8, c. 10.

Since estates for life are not legal estates now (English) (L.P. Act, s. 1), jointure lands which are settled and not consisting of the fee simple or a lease for years vested absolutely in the jointures may be over-reached upon conveyance to a purchaser of the land charged under the provisions of s. 2 of that Act. Although the existence of a jointure charged upon the estate of an absolute owner in fee simple converts that land into settled land [(English) Settled Land Act,1925, s. 1 (v.)], the absolute owner may convey the land, not as settled land, but subject to the charge. [(English) L.P. (Amend.) Act, 1926]