Invisible Women Ancestors

Locating Maiden Names in Land Records

Land records are some of the earliest available genealogical records in the United States. Land was important to people. Even when courthouses and other record repositories burned, many deeds were rerecorded because it was considered essential to keep track of who owned the land. Deed records are usually indexed for this same reason.

A woman's legal position was quite different depending on whether she lived under civil or common law. In countries and areas which practiced civil law, a husband and wife were considered co-owners of community property which was managed by the husband. A married woman could also manage and control her own separate property. In common law, which originated in England and was carried to its colonies, the woman had no legal rights in the marriage and the husband controlled everything, including property she herself brought to the marriage. Married women in areas under common law are difficult to find in early land dealings as they were not allowed to engage in contracts without their husband's approval. These early deeds for married couples may only give you the name of the husband with either no mention of his wife, or only a first name. If your female ancestor was widowed or divorced, however, you may find her conducting her own land transactions.

Women's Dower Rights

When a couple sold land in the nineteenth century, the woman is often identified due to her right of dower. A dower was a portion of the husband's land that was allotted to his wife upon his death. In many areas this interest was one-third of the estate, and was usually only for the widow's lifetime. The husband could not will this land away from his wife and, if he sold any property during his life, his wife had to sign a release of her dower interest. Once a widow inherited money, possessions, or property, she was allowed to manage them for herself.

Clues to Look for in Land Records

When you are examining deed indexes for your surnames, look for the Latin phrases "et ux." (and wife) and "et al." (and others). Examining deeds with these designations may provide the names of females, or names of siblings or children. This will often occur when land is divided upon someone's death, and can lead you to a will or probate record.

Another area to watch for is when a man or a couple sold land to your ancestors for a dollar, or some other small consideration. The ones selling the land (the grantors) are more than likely the parents or relatives of your female ancestor.

Next > Alternative Records for Tracing Female Ancestors

More of this Article

Intro: Invisible Women Ancestors
Women in Marriage & Divorce Records
Women in the Cemetery
Women in Census Records
Women in Land Records
Other Records to Search for Female Ancestors