Less common, but important to consider nonetheless, were commonproperty marriages. Variously known as germania, farascha, or matrimonio mig per mig, these were marriages in which all marital assets were shared equally, and neither party had responsibility for the other’s debts. At the death of one spouse, the surviving partner would be left with their half of the marital property but with no claim on any of their deceased spouse’s share.15 The Code of Tortosa makes provisions for such unions,16 as do the thirteenth-century Costums of the Vall d’Aran, which stipulate community of both marital goods and capital gains, especially in cases of settling debts incurred by one partner.17 Valencian law also allowed for common-property marriage and provided for the merging of both property brought into the marriage at its inception and capital gains acquired during the course of the marriage.18 Historians have generally linked this type of marriage with couples of lower socioeconomic standing, an arrangement born of necessity rather than choice, either because a woman’s family was unable to afford a dowry, or because work among these classes was a collaborative endeavor, resulting in joint profits or losses that did not accord well with the separate property regime of a dotal marriage.19 But in her study of late thirteenth-century Perpignan, Rebecca Winer has argued convincingly against this set of assumptions, showing that women and men in mig per mig marriages came from a variety of economic levels. The one common characteristic was that the participants in this type of arrangement tended to be artisans, tradespeople, or sometimes “professionals” like physicians20—people whose wealth, in other words, came from their labor, rather than from landed income.
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