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Tenants In Common
In property law, a concurrent estate or co-tenancy is any of various ways in which property is owned by more than one person at a time. If more than one person owns the same property, they are commonly referred to as co-owners. Legal terminology for co-owners of real estate is either co-tenants or joint tenants, with the latter phrase signifying a right of survivorship. Most common law jurisdictions recognize tenancies in common and joint tenancies. Many jurisdictions also recognize tenancies by the entirety, which is effectively a joint tenancy between married persons. Many jurisdictions refer to a joint tenancy as a joint tenancy with right of survivorship, but they are the same, as every joint tenancy includes a right of survivorship. In contrast, a tenancy in common does not include a right of survivorship. The type of co-ownership does not affect the right of co-owners to sell their fractional interest in the property to others during their lifetimes, but it does affect ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through Contract, contract law, and if property is violated, one could sue under Tort, tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. Theory The word ''property'', in everyday usage, refers to an object (or objects) owned by a person—a car, a book, or a cellphone—and the relationship the person has to it. In law, the concept acquires a more nuanced rendering. Factors to consider include the nature of the object, the relationship between the person and the object, the relationship between a numbe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
By Operation Of Law
The phrase "by operation of law" is a legal term that indicates that a right or liability has been created for a party, irrespective of the intent of that party, because it is dictated by existing legal principles. For example, if a person dies without a will, their heirs are determined by operation of law. Similarly, if a person marries or has a child after their will has been written, the law writes this pretermitted spouse or pretermitted heir into the will if no provision for this situation was specifically included. Adverse possession, in which title to land passes because non-owners have occupied it for a certain period of time, is another important right that vests by operation of law.See ''West's Encyclopedia of America Law, edition 2'' (The Gale Group, Inc., 2008); John Bouvier, ''A Law Dictionary, Adapted to the Constitution and Laws of the United States'' (1856). Events that occur by operation of law do so because courts have determined over time that the rights thus c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Union
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, primarily created to provide legal recognition for same-sex couples. Civil unions grant some or all of the rights of marriage, with child adoption being a common exception. Civil unions have been established by law in several, mostly developed, countries in order to provide legal recognition of relationships formed by same-sex couples and to afford them rights, benefits, tax breaks, and responsibilities. In 1989, Denmark was the first country to legalise civil unions; however, most other developed democracies did not begin establishing them until the 1990s and early 2000s. In Brazil, civil unions were first created for opposite-sex couples in 2002, and then expanded to include same-sex couples in 2011. In the majority of countries that established same-sex civil unions, they have since been either supplemented or replaced by same-sex marriage. Civil unions are viewed by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Domestic Partner
A domestic partnership is an intimate relationship between people, usually couples, who cohabitation, live together and share a common domestic life but who are not marriage, married (to each other or to anyone else). People in domestic partnerships receive legal benefits that guarantee right of survivorship, hospital visitation, and other rights. The term is not used consistently, which results in some inter-jurisdictional confusion. Some jurisdictions, such as Australia, New Zealand, and the United States, U.S. states of California, Maine, Nevada, Oregon and Washington (state), Washington use the term "domestic partnership" to mean what other jurisdictions call civil union, civil partnership in the United Kingdom, civil partnership, or registered partnership. Other jurisdictions use the term as it was originally coined, to mean an interpersonal status created by local municipal and county governments, which provides an extremely limited range of rights and responsibilities. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Coverture
Coverture was a legal doctrine in English common law under which a married woman's legal existence was considered to be merged with that of her husband. Upon marriage, she had no independent legal existence of her own, in keeping with society's expectation that her husband was to provide for and protect her. Under coverture a woman became a , whose legal rights and obligations were mostly subsumed by those of her husband. An unmarried woman, or , retained the right to own property and make contracts in her own name. Coverture was well established in the common law for several centuries and was inherited by many other common law jurisdictions, including the United States. According to historian Arianne Chernock, coverture did not apply in Scotland, but whether it applied in Wales is unclear. After the rise of the women's rights movement in the mid-19th century, coverture was increasingly criticised as oppressive, hindering women from exercising ordinary property rights and ent ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Married
Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and between them and their Affinity (law), in-laws. It is nearly a cultural universal, but the definition of marriage varies between cultures and religions, and over time. Typically, it is an institution in which interpersonal relationships, usually sexual, are acknowledged or sanctioned. In some cultures, marriage is recommended or considered to be Premarital sex, compulsory before pursuing sexual activity. A marriage ceremony is called a wedding, while a private marriage is sometimes called an elopement. Around the world, there has been a general trend towards ensuring Women's rights, equal rights for women and ending discrimination and harassment against couples who are Interethnic marriage, interethnic, Interracial marriage, interracial, In ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Straw Man (law)
A straw man is a figure not intended to have a genuine beneficial interest in a property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, re ..., to whom such property is nevertheless conveyed in order to facilitate a transaction. See also * Straw deed * Straw owner * Straw purchase * Strawman theory, a pseudolegal conspiracy theory unrelated to the actual legal concept References Personal property law {{Law-term-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trust Deed (real Estate)
A deed of trust refers to a type of legal instrument which is used to create a security interest in real property and real estate. In a deed of trust, a person who wishes to borrow money conveys ''legal'' title in real property to a trustee, who holds the property as security for a loan (debt) from the lender to the borrower. The ''equitable'' title remains with the borrower. The borrower is referred to as the trustor, while the lender is referred to as the beneficiary. Overview Transactions involving deeds of trust are normally structured, at least in theory, so that the lender/beneficiary gives the borrower/trustor the money to buy the property; the borrower/trustor tenders the money to the seller; the seller executes a grant deed giving the property to the borrower/trustor; and the borrower/trustor immediately executes a deed of trust giving the property to the trustee to be held in trust for the lender/beneficiary. In reality, an escrow holder is always used so that the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inter Vivos
( Law Latin, ''between the living'') is a legal term referring to a transfer or gift made during one's lifetime, as opposed to a testamentary transfer that takes effect on the death of the giver. The term is often used to describe a trust established during one's lifetime, i.e., an ''inter vivos'' trust as opposed to a testamentary trust that is established on one's death, usually as part of a will. An trust, by definition, includes both revocable and irrevocable trusts. Other meaning The term ''inter vivos'' is also used to describe living organ donation Organ donation is the process when a person authorizes an organ (anatomy), organ of their own to be removed and organ transplantation, transplanted to another person, #Legislation and global perspectives, legally, either by consent while the d ..., in which one patient donates an organ to another while both are alive. Generally, the organs transplanted are either non-vital organs such as corneas or redundant vita ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Will (law)
A will and testament is a legal document that expresses a person's (testator) wishes as to how their property ( estate) is to be distributed after their death and as to which person ( executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy. Though it has been thought a "will" historically applied only to real property, while "testament" applied only to personal property (thus giving rise to the popular title of the document as "last will and testament"), records show the terms have been used interchangeably. Thus, the word "will" validly applies to both personal and real property. A will may also create a testamentary trust that is effective only after the death of the testator. History Throughout most of the world, the disposition of a dead person's estate has been a matter of social custom. According to Plutarch, the written will was invented by Solon. Originally ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Testator
A testator () is a person who has written and executed a last will and testament that is in effect at the time of their death. It is any "person who makes a will."Gordon Brown, ''Administration of Wills, Trusts, and Estates'', 3d ed. (2003), p. 556. . Related terms * A female testator is sometimes referred to as a testatrix (), plural testatrices (), particularly in older cases. *In Ahmadiyya Islam, a testator is referred to as a moosi, who is someone that has signed up for Wasiyyat or a will, under the plan initiated by the Promised Messiah, thus committing a portion, not less than one-tenth, of his lifetime earnings and any property to a cause. * The adjectival form of the word is testamentary, as in: # Testamentary capacity, or mental capacity or ability to execute a will and # Testamentary disposition, or gift made in a will (see that article for types). # Testamentary trust, a trust that is created in a will. * A will Will may refer to: Common meanings * Will an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deed
A deed is a legal document that is signed and delivered, especially concerning the ownership of property or legal rights. Specifically, in common law, a deed is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associated with transferring (conveyancing) title to property. The deed has a greater presumption of validity and is less rebuttable than an instrument signed by the party to the deed. A deed can be unilateral or bilateral. Deeds include conveyances, commissions, licenses, patents, diplomas, and conditionally powers of attorney if executed as deeds. The deed is the modern descendant of the medieval charter, and delivery is thought to symbolically replace the ancient ceremony of livery of seisin. The traditional phrase ''signed, sealed and delivered'' refers to the practice of using seals; however, attesting witnesses have repla ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
