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Dictionary of Law |
separate property :: legal definitionSeparate property - n. in community property states (California, Texas, Arizona, Idaho, Louisiana, New Mexico, Nevada and Washington), the property owned by one spouse which he/she acquired: a) before marriage, b) by inheritance, c) as a gift, d) assets traceable to other separate property such as money received from sale of a house owned before marriage, and e) property the spouses agree is separate property. State laws vary, but basically separate property can be controlled by the spouse owning it. The laws of descent applied to separate property and right to give separate property by will differ from the treatment of community property. Example: a child may inherit part of one spouse's separate property if there is no will, while community property would pass automatically to the spouse. Upon divorce community property is divided equally, while separate property is kept by the owner without division with the other spouse. See also: community property and Related Law Terms ↓ Related Law Termsabandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patentadministrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act adultery :: n. consensual sexual relations when one of the par ... s and grist for scandal newspapers. adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights civil law :: n. 1) a body of laws and legal concepts which come ... generic term for non-criminal law. commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another. common law :: n. the traditional unwritten law of England, based ... plied without reference to statute. common property :: n. 1) real property owned by "tenants in common," ... e, like parks and national forests. common-law marriage :: n. an agreement between a man and woman to live to ... a marriage. See also: cohabitation community property :: n. property and profits received by a husband and ... and distribution separate property conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities controlling law :: n. the laws of the state which will be relied upon ... will be that of a particular state. corporation :: n. an organization formed with state governmental ... ation public corporation securities count :: n. each separate statement in a complaint which st ... also: cause of action common counts covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ extreme cruelty :: n. an archaic requirement to show infliction of ph ... ring the suffering spouse (victim). fair trade laws :: n. state laws which permit manufacturers or produc ... state constitutions in many states. foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional. grant deed :: n. the document which transfers title to real prop ... rant grantee grantor quitclaim deed guest statute :: n. a state law which sets standards of care by the ... sked to be let out. See also: guest incest :: n. sexual intercourse between close blood relative ... ily genes carrying such weaknesses. incompatibility :: n. the state of a marriage in which the spouses no ... mpatible irreconcilable differences incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock inheritance :: n. whatever one receives upon the death of a relat ... intestacy intestate succession will joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities. merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other. mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18. possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess preemption :: n. the rule of law that if the federal government ... cs control may parallel each other. property :: n. anything that is owned by a person or entity. P ... rty real property separate property quasi community property :: n. in community property states, property acquired ... : community property palimony quasi quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures. sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale shield laws :: n. statutes enacted in some states which declare t ... See also: privileged communication statute :: n. a federal or state written law enacted by the C ... and proclamations are not statutes. statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue. tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - Ssaid :: adj. a reference back to a thing that was previous ... automobile in a negligent manner."sale :: n. transfer of something (and title to it) in retu ... contract forced sale sheriff's sale salvage :: 1) v. to save goods. 2) n. payment to a person or ... which saves cargo from a shipwreck. sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market. scienter :: n. Latin for "having knowledge." In criminal law, ... ents were lies and thus fraudulent. scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment. scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license. seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today. sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder |