What is the history behind the wife taking the husband's last name (surname) after marriage?

The tradition of a wife taking her husband's last name after marriage has its roots in historical, legal, and societal factors, particularly in Western societies.

English Common Law and Coverture

The practice originated in England, where it was closely tied to the doctrine of "coverture." This doctrine, which emerged in the 9th century, held that a woman's legal identity was subsumed by her husband's upon marriage. Under coverture, a woman's assets, property, and even her legal identity were transferred to her husband, effectively making her "one" with him234.

Historical Development

Surnames themselves were first used among elite noble families and later spread to the general population in England during the late 14th century. At this time, English lawyers were developing the rules of coverture, which included the requirement for a woman to take her husband's surname. This was distinct from Roman law and other European practices, where a husband gained management but not ownership of his wife's property1.

Spread Through Colonization

The custom of a wife taking her husband's surname was exported to other parts of the world through English colonization. It became prevalent in North America, Australia, and other regions influenced by British law and culture. By around 1900, this practice had become popular in many parts of Europe as well, often being made mandatory in some places13.

Legal Codification

The practice was codified into written law in England by William Blackstone’s Commentaries on the Laws of England in 1765. In the United States, similar laws and customs prevailed, although they were gradually challenged and changed in the 20th century. For example, it wasn't until the 1970s that the U.S. Supreme Court struck down laws requiring women to take their husband's surname for certain legal purposes, such as voting23.

Variations and Exceptions

While the norm was for women to take their husband's surname, there were exceptions. In cases where a wife's wealth or inheritance was significantly greater than her husband's, the husband might take her surname to secure her assets. This was particularly common among aristocratic families where the continuation of a family name and estate was crucial1.

Modern Practices

Today, the tradition remains common, although it is no longer mandatory in most countries. In the United States, for instance, nearly 80% of women in heterosexual marriages still take their husband's surname, while about 20% retain their birth name or adopt a hyphenated name24.

Feminist Perspectives

The practice has been a point of contention for feminist movements, with many arguing that it reflects and perpetuates patriarchal norms. Feminists like Lucy Stone and Elizabeth Cady Stanton advocated for women's rights to retain their own surnames after marriage, seeing this as a matter of equality and personal identity24.