Finally, slaves could be freed by the courts as the result of mistreatment by their masters.
While there was much sentiment in North America supporting marriages among slaves, and there was much animosity against masters who separated families through sale, the law was unambiguous on this point.

Slaves were property, and therefore could not enter into contracts including contracts of marriage.

Jurists also noted that to prevent the sale of separate members of a family would lower the sale price, and this was to tamper with a man's property.

Therefore, property rights had to be placed above marriage rights.

In contrast, in South America the Church insisted that slave unions be brought within the sacrament of marriage.