Concurrent Estate
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Concurrent Estate
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 ...
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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 law, and if property is violated, one could sue under 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. History Though the Napoleonic code was among the first government acts of modern times to introduce the notion of absolute ownership into statute, protection of personal property rights was present in medieval Islamic law and jurisprudence, and in more feudalist forms in the common law courts of medieval and early modern England. Theory The word ''property'', in everyday ...
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Creditors
A creditor or lender is a party (e.g., person, organization, company, or government) that has a claim on the services of a second party. It is a person or institution to whom money is owed. The first party, in general, has provided some property or service to the second party under the assumption (usually enforced by contract) that the second party will return an equivalent property and service. The second party is frequently called a debtor or borrower. The first party is called the creditor, which is the lender of property, service, or money. Creditors can be broadly divided into two categories: secured and unsecured. *A secured creditor has a security or charge over some or all of the debtor's assets, to provide reassurance (thus to ''secure'' him) of ultimate repayment of the debt owed to him. This could be by way of, for example, a mortgage, where the property represents the security. *An unsecured creditor does not have a charge over the debtor's assets. The term credito ...
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Housing Cooperative
A housing cooperative, or housing co-op, is a legal entity, usually a cooperative or a corporation, which owns real estate, consisting of one or more residential buildings; it is one type of housing tenure. Housing cooperatives are a distinctive form of home ownership that have many characteristics that differ from other residential arrangements such as single family home ownership, condominiums and renting. The corporation is membership based, with membership granted by way of a share purchase in the cooperative. Each shareholder in the legal entity is granted the right to occupy one housing unit. A primary advantage of the housing cooperative is the pooling of the members' resources so that their buying power is leveraged; thus lowering the cost per member in all the services and products associated with home ownership. Another key element in some forms of housing cooperatives is that the members, through their elected representatives, screen and select who may live in th ...
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Divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. Divorce is different from annulment, which declares the marriage null and void, with legal separation or ''de jure'' separation (a legal process by which a married couple may formalize a ''de facto'' se ...
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Civil Union
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage except child adoption and/or the title itself. Civil unions under one name or another have been established by law in several, mostly developed, countries in order to provide legal recognition of relationships formed by unmarried same-sex couples and to afford them rights, benefits, tax breaks, and responsibilities similar or identical to those of legally married couples. In 1989, Denmark was the first country to legalise civil unions, for same-sex couples; however most other developed democracies did not begin establishing civil unions until the 1990s or early 2000s, often developing them from less formal domestic partnerships. While civil unions are often established for both opposite-sex couples and same-sex couples, in a number of c ...
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Domestic Partner
A domestic partnership is a legal relationship, usually between couples, who live together and share a common domestic life, but are not married (to each other or to anyone else). People in domestic partnerships receive 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 U.S. states of California, Maine, Nevada, Oregon and Washington use the term "domestic partnership" to mean what other jurisdictions call civil union, 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. Some legislatures have voluntarily established domestic partnership relations by statute instead of being ordered to do s ...
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Coverture
Coverture (sometimes spelled couverture) was a legal doctrine in the English common law in which a married woman's legal existence was considered to be merged with that of her husband, so that she had no independent legal existence of her own. Upon marriage, coverture provided that a woman became a , whose legal rights and obligations were mostly subsumed by those of her husband. An unmarried woman, or , had 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 entering professions. Coverture was first substantia ...
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Married
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between them and their in-laws. It is considered 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 compulsory before pursuing any sexual activity. A marriage ceremony is called a wedding. Individuals may marry for several reasons, including legal, social, libidinal, emotional, financial, spiritual, and religious purposes. Whom they marry may be influenced by gender, socially determined rules of incest, prescriptive marriage rules, parental choice, and individual desire. In some areas of the world, arranged mar ...
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Straw Man (law)
A straw man is a form of argument and an informal fallacy. Straw man may also refer to: General * Straw man (dummy), a dummy made from straw * Straw man (law), in law, a third party that acts as a front in a transaction * Straw man proposal, in business and software development, a simple draft proposal to generate discussion * Strawman theory, a pseudolegal theory in the sovereign citizen, tax protester, freeman, and redemption movements Publications * ''Straw Man'' (novel), a 1951 novel by Doris Miles Disney * '' The Straw Man'', a 1957 novel by Jean Giono * Straw Man (comics), a 1975 Marvel Comics character * ''Straw Men'' (novel), a 2001 novel by Martin J. Smith * ''The Straw Men'', a 2002 novel by Michael Marshall Film * ''The Straw Man'' (film), a 1953 British film Music * "Strawman", a 1989 song by Lou Reed from ''New York'' * "Straw Man", a 2019 song by Silversun Pickups from '' Widow's Weeds'' See also * Corn dolly, a humanoid figure woven from plant stems * Man ...
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Trust Deed (real Estate)
In real estate in the United States, a deed of trust or trust deed is a legal instrument which is used to create a security interest in real property wherein ''legal'' title in real property is transferred to a trustee, which holds it as security for a loan (debt) between a borrower and lender. 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 transaction does not close until ...
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Inter Vivos
Inter vivos (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 inter vivos 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 allows an organ of their own to be removed and transplanted to another person, legally, either by consent while the donor is alive or dead with the assent of the next of kin. Donation may be for re ..., 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 redunda ...
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