Dictionary of Law
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
Founded: 273
stock certificate :: n. printed document which states the name, incorpo ... . See also: corporation share stock
unissued stock :: n. a corporation's shares of stock which are autho ... poration share stock treasury stock
stock option :: n. the right to purchase stock in the future at a ... hares. See also: option share stock
stock :: 1) n. inventory (goods) of a business meant for sa ... siness. See also: share shareholder
capital stock :: n. the original amount paid by investors into a co ... price. See also: corporation stock
no-par stock :: n. shares in a corporation which are issued withou ... re stated on the stock certificate.
watered stock :: n. shares of stock of a corporation which have bee ... . See also: corporation share stock
treasury stock :: n. stock of a private corporation which was issued ... be entitled. See also: share stock
promotional stock :: n. stock issued in a newly formed corporation and ... assets or money. See also: promoter
bond :: n. 1) written evidence of debt issued by a company ... good up to the amount of the bond.
stockholders' derivative action :: n. See also: derivative action shareholders' deriv ... ion shareholders' derivative action
preferred dividend :: n. a payment of a corporation's profits to holders ... of stock. See also: preferred stock
stockholder :: n. shareholder in a corporation. See also: shareho ... corporation. See also: shareholder
stock in trade :: n. the inventory of merchandise held for sale. ... ntory of merchandise held for sale.
par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock
issue :: 1) n. a person's children or other lineal descenda ... the body incorporation share stock
shareholder :: n. the owner of one or more shares of stock in a c ... : corporation shareholders' meeting
fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust
securities :: n. generic term for shares of stock, bonds and deb ... ee also: bond debenture share stock
letters testamentary :: n. a document issued by the court clerk which stat ... te. See also: administrator probate
letters of administration :: n. a document issued by the court clerk which stat ... estate. See also: executor probate
underwrite :: v. 1) to agree to pay an obligation which may aris ... antee guarantor insurer underwriter
malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime
proxy :: n. 1) someone who is authorized to serve in one's ... d members and convention delegates.
limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership
insider trading :: n. the use of confidential information about a bus ... o catch insiders. See also: insider
subscribe :: v. 1) to sign at the end of a document. The courts ... r periodical magazine or newspaper.
in kind :: adj. referring to payment, distribution or substit ... . See also: distribution trust will
forgery :: n. 1) the crime of creating a false document, alte ... See also: counterfeit forger fraud
debenture :: n. a form of bond certificate issued by a corporat ... n shares of stock or general bonds.
insider :: n. someone who has a position in a business or sto ... ange Act. See also: insider trading
bribery :: n. the crime of giving or taking money or some oth ... s which are against company policy.
common counts :: n. claims for debt alleged in a lawsuit (included ... so: cause of action complaint count
common law :: n. the traditional unwritten law of England, based ... plied without reference to statute.
common-law marriage :: n. an agreement between a man and woman to live to ... a marriage. See also: cohabitation
common property :: n. 1) real property owned by "tenants in common," ... e, like parks and national forests.
common area :: n. in condominium and some cooperative housing pro ... tage of total store space occupied.
boiler room :: n. a telephone bank operation in which fast-talkin ... and in violation of security laws.
exemplary damages :: n. often called punitive damages, these are damage ... See also: damages punitive damages
face value :: n. in shares of stock, the original cost of the st ... on the certificate, or "par value."
dividend :: n. a portion of profit, usually based on the numbe ... . See also: corporation shareholder
derivative action :: n. a lawsuit brought by a corporation shareholder ... on director shareholder stockholder
confidential relation :: n. a relationship in which one person has confiden ... remely obvious. See also: fiduciary
corporation :: n. an organization formed with state governmental ... ation public corporation securities
corporate opportunity :: n. a business opportunity which becomes known to a ... ative action fiduciary relationship
cease and desist order :: n. an order of a court or government agency to a p ... ing which would damage the ecology.
bylaws :: n. the written rules for conduct of a corporation, ... d/or amended. See also: corporation
bucket shop :: n. an unofficial and usually illegal betting opera ... the stock and commodities markets.
American Depository Receipt :: n. called in the banking trade an ADR, it is a rec ... ding the foreign shares themselves.
articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation
buy-sell agreement :: n. a contract among the owners of a business which ... older's interest in the enterprise.
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy
book value :: n. a determination of the value of a corporation's ... ssets may be under- or over-valued.
blue sky laws :: n. laws intended to protect the public from purcha ... e sky." See also: corporation stock
bulk sale :: n. the sale of all or a large part of a merchant's ... entories. See also: bulk sales acts
capital :: 1) n. from Latin for caput, meaning "head," the ba ... count capital assets stock in trade
call :: n. the demand by a corporation that a stockholder ... assessment on shares already owned.
broker :: n. in general, a person who arranges contracts bet ... security ("hocked") at high rates.
churning :: n. the unethical and usually illegal practice of e ... f obtaining high sales commissions.
clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales.
peace bond :: n. a bond required as part of a court order to gua ... ee also: injunction stay away order
subchapter S corporation :: n. the choice by a small corporation to be treated ... ing attorney. See also: corporation
share and share alike :: adj. referring to the equal division of a benefit ... among the three surviving nephews.
treasury bond :: n. a long-term bond issued by the U.S. Treasury. S ... e also: treasury bill treasury note
self-dealing :: n. in the stock market, using secret "inside" info ... ederal Securities and Exchange Act.
share :: n. 1) a portion of a benefit from a trust, estate, ... n issue of the corporation's stock.
survivorship :: n. the right to receive full title or ownership du ... onvenience. See also: joint tenancy
transfer agent :: n. a person or company retained by a corporation t ... stockbroker. See also: share stock
bail bondsman :: n. a professional agent for an insurance company w ... t to jail. See also: bail bail bond
bail bond :: n. a bond provided by an insurance company through ... urned. See also: bail bail bondsman
holding company :: n. a company, usually a corporation, which is crea ... gement and policies of all of them.
bondsman :: n. 1) someone who sells bail bonds. 2) a surety (g ... also: bail bond bail bondsman bond
ultra vires :: (uhl-trah veye-rehz) adj. Latin for "beyond powers ... it is issued. See also: corporation
voting trust :: n. a trust which solicits vote proxies of sharehol ... ation proxy shareholder stockholder
robbery :: n. 1) the direct taking of property (including mon ... We've been robbed." See also: theft
white collar crime :: n. a generic term for crimes involving commercial ... committed by "blue collar" workers.
passive :: adj. referring to being inactive. A "passive trust ... ment and interest on bank accounts.
intangible property :: n. items such as stock in a company which represen ... t are not actual, tangible objects.
incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock
meeting of the minds :: n. when two parties to an agreement (contract) bot ... eant his cattle. See also: contract
income :: n. money, goods or other economic benefit received ... ernment and most state governments.
limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder
pierce the corporate veil :: v. to prove that a corporation exists merely as a ... ling with it. See also: corporation
preemptive right :: n. the right of a shareholder in a corporation to ... also: corporation shareholder stock
reorganization :: n. the implementation of a business plan to restru ... also: bankruptcy corporation merger
registration statement :: n. a detailed report to be filed with the Securiti ... See also: blue sky laws prospectus
prospectus :: n. a detailed statement by a corporation required ... rporation limited partnership stock
promoter :: n. a person who puts together a business, particul ... y effort and not by assets or cash.
decree :: n. in general, synonymous with judgment. However, ... n's estate, etc. See also: judgment
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
common carrier :: n. an individual, a company or a public utility (l ... -time-only event. See also: carrier
bona fide purchaser :: n. commonly called BFP in legal and banking circle ... See also: BFP holder in due course
breach of contract :: n. failing to perform any term of a contract, writ ... breach breach specific performance
habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
preferred stock :: n. a class of shares of stock in a corporation whi ... on stock corporation dividend stock
common stock :: n. stock in a corporation in which dividends (payo ... oration preferred stock share stock
query :: n. common lawyer lingo for a question to be answer ... ingo for a question to be answered.
putative :: adj. commonly believed, supposed or claimed. Thus ... not the last will of the deceased.
quasi-criminal :: adj. a reference to a court's right to punish for ... defendant. See also: criminal quasi
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title
restriction :: n. any limitation on activity, by statute, regulat ... rated into the title of each owner.
replevin :: n. under common law, the right to bring a lawsuit ... se of action" for all civil wrongs.
relevant :: adj. having some reasonable connection with, and i ... nt." See also: irrelevant objection
reckless :: adj. in both negligence and criminal cases, carele ... so: careless negligent wet reckless
reasonable time :: n. in contracts, common custom in the business or ... a contract using such a vague term.
reasonable wear and tear :: n. commonly used in leases to limit the tenant's r ... ble wear and tear." See also: lease
public property :: n. property owned by the government or one of its ... l public. See also: common property
private carrier :: n. one who provides transportation or delivery of ... also: common carrier guest statute
prenuptial agreement :: n. also called an antenuptial agreement, a written ... been "taken" by a previous spouse.
prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
per stirpes :: (purr stir-peas) adj. Latin for "by roots," by rep ... descent and distribution trust will
restrictive covenant :: n. 1) an agreement included in a deed to real prop ... o: covenant that runs with the land
passenger :: n. a rider who has paid a fare on a train, bus, ai ... also: common carrier guest statute
property :: n. anything that is owned by a person or entity. P ... rty real property separate property
prostitute :: n. a person who receives payment for sexual interc ... also: pander panderer prostitution
protective custody :: n. the act of law enforcement officials in placing ... ical harm or death if they testify.
secret rebate :: n. a kickback of money by a business to a "preferr ... h a secret rebate. See also: rebate
prosecution :: n. 1) in criminal law, the government attorney cha ... se). See also: prosecute prosecutor
prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor
maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life."
subpoena :: n. the original spelling of subpena, still commonl ... e also: subpena subpena duces tecum
theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery
Thirty-day notice :: n. a notice by a landlord to a tenant on a month-t ... e also: landlord and tenant service
frisk :: v. quickly patting down the clothes of a possible ... k women and men officers frisk men.
tenancy :: n. the right to occupy real property permanently, ... rety tenancy in common tenant title
suit :: n. generic term for any filing of a complaint (or ... "suit in equity." See also: lawsuit
tangible property :: n. physical articles (things) as distinguished fro ... operty personal property personalty
three-day notice :: n. a notice to pay delinquent rent or quit (leave ... nd tenant service unlawful detainer
trial de novo :: n. a form of appeal in which the appeals court hol ... from small claims court judgments.
whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving.
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest.
undivided interest :: n. title to real property held by two or more pers ... y by the entirety tenancy in common
unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
stop and frisk :: n. a law enforcement officer's search for a weapon ... h search and seizure search warrant
search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant
seized :: (seised) n. 1) having ownership, commonly used in ... by force. See also: seisin seizure
scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment.
riot :: n. 1) technically a turbulent and violent disturba ... to unlawful possession of firearms.
retainer :: n. the advance payment to an attorney for services ... e stuck with extensive unpaid fees.
self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide
self-help :: n. 1) obtaining relief or enforcing one's rights w ... maximizing of one's opportunities.
spousal support :: n. payment for support of an ex-spouse (or a spous ... but two. See also: alimony divorce
statutory rape :: n. sexual intercourse with a female below the lega ... majority minority molestation rape
shareholders' agreement :: n. an employment agreement among the shareholders ... re only three or four shareholders.
service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process
sequester :: v. to keep separate or apart. In so-called "high-p ... of others. See also: sequestration
result :: n. common lawyer lingo for outcome of a lawsuit. ... yer lingo for outcome of a lawsuit.
limitation of actions :: n. the period of time in which a person has to fil ... e. See also: statute of limitations
challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge
certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases).
champerty :: n. an agreement between the party suing in a lawsu ... . See also: barratry contingent fee
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
civil law :: n. 1) a body of laws and legal concepts which come ... generic term for non-criminal law.
citizen :: n. person who by place of birth, nationality of on ... look this duality of nationalities.
cashier's check :: n. a check issued by a bank on its own account for ... ansfers, tax payments and the like.
case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
bill :: n. 1) what is commonly called a "check" by which t ... ions, which is falling into disuse.
boilerplate :: n., adj. slang for provisions in a contract, form ... favor and/or protect the provider.
burglary :: n. the crime of breaking and entering into a struc ... le. See also: breaking and entering
carrying for hire :: n. the act of transporting goods or individuals fo ... n. See also: carrier common carrier
carrier :: n. in general, any person or business which transp ... lso: common carrier private carrier
civil liberties :: n. rights or freedoms given to the people by the F ... nment. See also: civil civil rights
condominium :: n. title to a unit of real property which, in real ... ium projects. See also: common area
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
count :: n. each separate statement in a complaint which st ... also: cause of action common counts
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
court of equity :: n. originally in English common law and in several ... also: chancery court of law equity
covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant
court of law :: n. any tribunal within a judicial system. Under En ... aw. See also: chancery court equity
cotenancy :: n. the situation when more than one person has an ... y by the entirety tenancy in common
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights
consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment
contractor :: n. 1) a person or entity that enters into a contra ... actor mechanic's lien subcontractor
contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence
cooperative housing :: n. an arrangement in which an association or corpo ... common area condominium cooperative
belief :: n. convinced of the truth of a statement or allega ... t. See also: information and belief
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bottomry :: n. a mortgage contract in which a ship and/or its ... n sell the ship and/or its freight.
BFP :: n. slang for bona fide purchaser, which means some ... ner). See also: bona fide purchaser
constructive :: adj. a legal fiction for treating a situation as i ... ctive possession constructive trust
counterfeit :: 1) adj. describing a document, particularly money, ... d for real. See also: forgery utter
holder :: n. a general term for anyone in possession of prop ... older in due course promissory note
defeasance :: n. an antiquated word for a document which termina ... d or contract if some event occurs.
bearer paper :: n. negotiable instrument (e.g. a bond) which is pa ... sion (the bearer). See also: bearer
bearer :: n. anyone holding something, such as a check, prom ... bearer paper negotiable instrument
bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance
admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman
bailee :: n. a person, also called a custodian, with whom so ... he goods. See also: bailment bailor
bailment :: n. 1) the act of placing property in the custody a ... "bailment." See also: bailee bailor
bank :: n. 1) an officially chartered institution empowere ... erred to as "in bank" or "en banc."
instrument :: n. 1) a written legal document such as a contract, ... in an assault (a blunt instrument).
intestacy :: n. the condition of having died without a valid wi ... e. See also: intestate probate will
and :: conj. this little word is important in law, partic ... ds "or," but not if it reads "and."
amortization :: n. a periodic payment plan to pay a debt in which ... payment. See also: promissory note
antenuptial (prenuptial) agreement :: n. a written contract between two people who are a ... ave been "taken" by a prior spouse.
arguendo :: prep. Latin meaning "for the sake of argument," us ... rs most commonly in appeals briefs.
authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent
assignment :: n. the act of transferring an interest in property ... ing with property. See also: assign
allege :: v. to claim a fact is true, commonly in a complain ... or any claim. See also: allegation
addendum :: n. an addition to a completed written document. Mo ... proposals or included fraudulently.
stay away order :: n. a court order that a person may not come near a ... also: peace bond restraining order
jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman
surety :: n. a guarantor of payment or performance if anothe ... or entity. See also: bond guarantor
treasury bill :: n. a promissory note issued in multiples of $10,00 ... e also: treasury bond treasury note
treasury note :: n. a promissory note issued by the U.S. Treasury, ... e also: treasury bill treasury bond
covenant not to compete :: n. a common provision in a contract for sale of a ... the sales price. See also: covenant
covenants, conditions and restrictions :: n. commonly called "CC and Rs," these are written ... ctive purchaser. See also: covenant
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
last antecedent rule :: n. a doctrine of interpretation (construction) of ... o trucks and not boats or tractors.
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
leasehold :: n. the real estate which is the subject of a lease ... sehold. See also: condominium lease
lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit
justice of the peace :: (JP) n. a judge who handles minor legal matters su ... ersons to qualify by taking a test.
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common
irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection
joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title
judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict
judicial notice :: n. the authority of a judge to accept as facts cer ... elts in the sun. See also: evidence
lesser-included offense :: n. in criminal law, a crime which is proved by the ... g jail time. See also: plea bargain
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
modification :: n. a change in an existing court order or judgment ... terms of child support and custody.
motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion
multifarious :: adj., adv. reference to a lawsuit in which either ... ed misjoinder. See also: misjoinder
out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement
nullity :: n. something which may be treated as nothing, as i ... of a marriage by a court judgment.
misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder
meet and confer :: n. a requirement of courts that before certain typ ... s which are freighted with emotion.
loss of use :: n. the inability to use an automobile, premises or ... ding or premises. See also: damages
living trust :: n. sometimes called an inter vivos (Latin for "wit ... thrift clause trust trustee trustor
maim :: v. to inflict a serious bodily injury, including m ... to a prison term. See also: mayhem
marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities.
mediation :: n. the attempt to settle a legal dispute through a ... a settlement. See also: arbitration
inure :: v. result in. Commonly used in legal terminology i ... ure to the benefit of Janet Jones."
interlocutory decree :: n. a court judgment which is temporary and not int ... ppeared to waste the parties' time.
divestiture :: n. the court-ordered or voluntary giving up of a p ... nopoly or other restraint of trade.
discount :: n. the payment of less than the full amount due on ... now-the difference is the discount.
dower :: n. an old English common law right of a widow to o ... t and distribution widow's election
driving under the influence (DUI) :: n. commonly called "drunk driving," it refers to o ... (DWI), drunk driving, or a "deuce".
escrow agent :: n. a person or entity holding documents and funds ... on local practice. See also: escrow
equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ
devolve :: v. when property is automatically transferred from ... ory sovereign rights to run itself.
degree of kinship :: n. the level of relationship between two persons r ... there is no will. See also: descent
curtesy :: n. in old common law, the right of a surviving hus ... ommunity property dower life estate
credible witness :: n. a witness whose testimony is more than likely t ... ther factors. See also: credibility
debt :: n. 1) a sum of money due to another. 2) obligation ... mount owed. See also: common counts
declarant :: n. the person making a statement, usually written ... also: affiant affidavit declaration
default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons
estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will
estate tax :: n. generally a federal tax on the transfer of a de ... commonly called an inheritance tax.
good cause :: n. a legally sufficient reason for a ruling or oth ... od cause shown, the court orders:."
general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership
governmental immunity :: n. the doctrine from English common law that no go ... o: Federal Tort Claims Act immunity
hearsay :: n. 1) second-hand evidence in which the witness is ... t or gossip. See also: hearsay rule
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
immaterial :: adj. a commonly heard objection to introducing evi ... ons. See also: irrelevant objection
foreseeable risk :: n. a danger which a reasonable person should antic ... reseeable. See also: foreseeability
forensic medicine :: n. research, reports and testimony in court by exp ... dical examiners. See also: forensic
et seq. :: (et seek) n. abbreviation for the Latin phrase et ... Vehicle Code Section 1204, et seq."
et al. :: n. abbreviation for the Latin phrase et alii meani ... urgatroyd v. Sally Sherman, et al."
et ux. :: (et uhks) n. abbreviation for the Latin words et u ... ression a chauvinistic anachronism.
excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment
false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment
partition :: n. a lawsuit which one co-owner of real property c ... sell, keep or divide the property.