ne conjuges mutuo amore se invicem spolient (nee k[schwa]n-joo-jeez myoo-choo-oh [schwa]-mor-ee see in-vI-s[schwa]m spoh-lee-[schwa]nt). [Latin] Roman & civil law. Lest spouses through their mutual love should impoverish one another. • The phrase appeared in reference to the rationale for holding that donations between husband and wife were invalid. A similar phrase, ne mutuato amore invicem […]
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licitation (lis-[schwa]-tay-sh[schwa]n). 1. The offering for sale or bidding for purchase at an auction; esp., in civil law, a judicial sale of property held in common. See La. Civ. Code art. 811. [Cases: Husband and Wife 272(5); Partition 99. C.J.S. Partition § 149.] 2. CANT.
equity for a settlement 妻子按衡平法享有的财产 亦称wife’s equity。英国在1882年《已婚妇女财产法》〔Married Women’s Property Act〕以前，丈夫有权以妻子的名义享有她依法取得的财产，而在1873-1875年的《司法组织法》〔Judicature Acts〕以前，他是不能通过普通法诉讼取得这种权利的。如果由于丈夫起诉要求享有这些财产，或是妻子要求实现其衡平法上的权利，引起衡平法院的介入，则丈夫只能取得其中的部分财产，即扣除妻子按衡平法应享有的财产之后所余之财产。换言之，除非妻子明确表示放弃她按衡平法享有此项财产的权利，衡平法院将考虑他们之间的婚姻状况而决定丈夫能取得多少财产。通常的做法是将财产的一半授予妻子，另一半由丈夫取得，但有时妻子取得的比例会高些。如果丈夫已破产或抛弃了妻子、或因与他人有通奸行为而造成婚姻关系解除，也可将全部财产都授予妻子。在1882年法律之后，该词已失去意义，因为在那以后妻子可以占有和支配归自己所有的全部财产 。(→equity to a settlement)
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A domicile that a husband and wife, as a married couple, have established as their home. — Also termed marital domicile; matrimonial home. [Cases: Divorce 62. C.J.S. Divorce § 99.]
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concubine (kong-ky[schwa]-bIn). 1. Archaic. A woman who cohabits with a man to whom she is not married. • A concubine is often considered a wife without title. A concubine’s status arises from the permanent cohabitation of a man and a woman as husband and wife although without the benefit of marriage. Cf. common-law wife under
Any of the following five types of estates: (1) a joint tenancy, (2) a tenancy in common, (3) an estate in coparcenary (a common-law estate in which coheirs hold as tenants in common), (4) a tenancy by the entirety, or (5) an estate in partnership. [Cases: Husband and Wife 14.2–14.7; Joint Tenancy 1; Tenancy in
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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suit money. Attorney’s fees and court costs allowed or awarded by a court; esp., in some jurisdictions, a husband’s payment to his wife to cover her reasonable attorney’s fees in a divorce action. [Cases: Divorce 221. C.J.S. Divorce §§ 343–344.]
postnuptial agreement (pohst-n[schwa]p-sh[schwa]l). An agreement entered into during marriage to define each spouse’s property rights in the event of death or divorce. • The term commonly refers to an agreement between spouses during the marriage at a time when separation or divorce is not imminent. When dissolution is intended as the result, it is more
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sister-in-law. The sister of one’s spouse or the wife of one’s brother. • The wife of one’s spouse’s brother is also sometimes considered a sister-in-law. Pl. sisters-in-law.