Manus Marriage - Cum Manu

In a cum manu union the wife legally and ritually became a member of her husband's family. She stood under the control of the husband’s potestas or that of his father, and was thus no longer under the control of her father. This change of status was referred to as capitis deminutio minima, and the wife received the title of materfamilias, meaning “woman of the household” - a title reserved only for woman in a cum manu union. Legally the wife was "adopted" by her husband and assumed the status of a daughter in the family. This granted her the same entitlements as the other children family over matters of intestate succession. Therefore, the wife no longer inherited from her father but from her husband. However, the husband held a limited power over her in comparison to his children. For example, the husband did not have the legal right of life and death the way he would his daughter, or that of noxal surrender and sale. The wife in a cum manu marriage held no proprietary capacity meaning she could not own any property. Everything acquired prior to cum manu was thus transferred into the husbands property or his paterfamilias. During Cicero's time property such as dowry was recognized as distinguishable and therefore recoverable. Liabilities the wife may have acquired before marriage were erased. A widowed or divorced woman would become sui iuris. For a widowed wife two significant benefits came from cum manu marriage: the husband could grant the wife the ability to select her tutor and she was able to create a will. Cum manu (i.e. the woman enters into manus) was procured by one of three ways: Confarreatio, Coemptio and Usus.

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