Et vir is a Latin legal term used to refer to a woman’s husband in legal documents and deeds. It indicates that husband and wife are one person under the law and that any legal remedy will apply to both. It is commonly used in property and real estate transactions but is not common on estate documents due to complications in divorce and legal separation.
Et vir means “and man” in Latin and “and husband” when used in legal documents to refer to a woman’s husband. A party who wants to include an unidentified husband in a lawsuit as a defendant or wants to bring a lawsuit with a husband but keep his name confidential will often use the legal term et vir after the defendant’s legal name. For example, Case XYZ Credit Card Company V. Williams, Kathy, ET VIR would include Kathy’s spouse even though he was not specified with her legal name. It is also used on deeds to indicate ownership of property belonging to both husband and wife, even if the husband’s legal name is not listed. The opposite is et aux or et auxor, which means and wife in Latin.
The principle behind the legal term et vir is that husband and wife are one person under the law. When used in a case caption, it is used to indicate that the wife and her husband are represented as one person in the case, either as plaintiffs or defendants. The legal remedy that the courts use to settle the case will apply to both husband and wife. If the couple wins a lawsuit and receives an award or injunctive relief, often both husband and wife will receive benefits. Some jurisdictions have abandoned this concept and have adopted other legal principles to describe the common interests of husband and wife, such as joint tenancy in real estate law.
There are many documents, in addition to court cases, where et vir is used. It is commonly used in documents relating to property and real estate transactions, such as a deed. Other documents include tax assessment rolls and title abstracts. It is also used to indicate that both spouses share an obligation, such as a lien or debt. For example, a lender is more likely to include her husband’s legal name when she files a UCC loan statement instead of the legal term et vir.
The use of et vir on estate documents is not common in modern practices, and the husband’s legal name is often included in the deed, debt deed, or other document. The reason is that divorce proceedings and legal separation can complicate property interests and obligations if the husband is not identified. Creditors often prefer to register the husband’s name along with an identification number, such as a Social Security number.
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