community estate
community estate. In a community-property state, the total of the assets and debts making up a married couple’s property owned in common. Cf. COMMUNITY PROPERTY.
Search Results for: COMMUNITY ESTATE
separate estate
separate estate (1)单独财产 指处于婚姻关系或商事关系的多人之中某一人的个人财产，区别于彼此间的共有财产或具有共同利益的财产。 (2)已婚妇女的特有财产在英国，普通法不允许已婚妇女占有独立于其丈夫以外的任何财产，如将某项财产归其单独使用和受益，则就该财产而言，衡平法需将该已婚妇女视为未婚妇女〔feme sole〕。妻子的特有财产可通过与其丈夫订立婚前契约〔pre-nuptial〕或由丈夫或他人赠与的方式而取得。1882年《已婚妇女财产法》〔Married Women’s Property Act〕几乎完全取消了普通法在财产问题上对已婚妇女和未婚妇女的区分。1935年《(已婚妇女与侵权人)改革法》〔Law Reform (Married Women and Tortfeasors)Act〕规定：已婚妇女有能力取得、持有和处分财产，对合同或侵权行为承担责任，受破产法的调整和法院判决及命令的执行，其范围与未婚妇女相同。1962年《(丈夫与妻子)改革法》〔Law Reform (Husband and Wife) Act〕亦有同样的修改。 (→community property; separate property; anticipation; coverture)
quasi community property
Personal property that, having been acquired in a non-community-property state, would have been community property if acquired in a community-property state. • If a community-property state is the forum for a divorce or administration of a decedent’s estate, state law may allow the court to treat qua-si-community property as if it were community property when
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augmented estate
A refinement of the elective share to which a surviving spouse is entitled, whereby the “fair share” is identified as something other than the traditional one-third of the probate estate. • The current version of the Uniform Probate Code uses a sliding scale that increases with each year of marriage. Under the UPC, a surviving
estate by (the) entirety
estate by (the) entirety (1)夫妻共有地产权 亦作estate in entirety或estate by the entireties。它是一种普通法上的地产权，其理论依据是夫妻一体主义，即妻子将不动产转让给丈夫而创设同一地产权，并由夫妻在生存期间共同保有该地产，未经一方同意则另一方不得擅自处分；在一方死亡后，由生存一方保有全部地产，成为非限定继承地产权所有人〔owner in fee simple〕。它与共同保有地产权〔joint tenancy〕在生存者取得权〔survivorship〕方面相似，但前者仅发生于夫、妻之间，而后者则可以在多个自然人之间设立。 (2)夫妻共有财产 夫妻对全部动产和不动产享有共同所有权〔co-ownership〕的形式，从而对全部财产形成统一的占有和支配。在一方死亡时，由生存的一方根据原始转让〔original conveyance〕取得全部财产 。(→community property; entirety; joint tenancy)
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community property
Assets owned in common by husband and wife as a result of its having been acquired during the marriage by means other than an inheritance or a gift to one spouse, each spouse generally holding a one-half interest in the property. • Only nine states have community-property systems: Arizona, California, Idaho, Louisiana, Nevada, New Mexico,
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community property
community property. Assets owned in common by husband and wife as a result of its having been acquired during the marriage by means other than an inheritance or a gift to one spouse, each spouse generally holding a one-half interest in the property. • Only nine states have community-property systems: Arizona, California, Idaho, Louisiana, Nevada,
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hotchpot
hotchpot (hoch-pot), n. 1. The blending of items of property to secure equality of division, esp. as practiced either in cases of divorce or in cases in which advancements of an intestate’s property must be made up to the estate by a contribution or by an accounting. — Also termed hotchpotch; hotchpot rule. Cf. RAPPORT
land use regulation
land-use regulation. An ordinance or other legislative enactment governing the development or use of real estate. — Also spelled landuse regulation. [Cases: Zoning and Planning 1. C.J.S. Zoning and Land Planning §§ 2, 5–7, 17–18.] “Public regulation of the use and development of land comes in a variety of forms which generally focus on four
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