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Once the court has determined that real property is to be partitioned, the court is authorized to appoint a Partition Referee for the purpose of handling the actual partition of the property. The Court’s interlocutory judgment may order either division of the property or sale of the property (with later division of the sale proceeds).
In civil and property law, hotchpot (sometimes referred to as hotchpotch or the hotchpotch rule) is the blending, combining or offsetting of property (typically gifts) to ensure equality of a later division of property. [1] [2] The Court of Chancery, Plate 22 of Microcosm of London (1808).
Division of property, also known as equitable distribution, is a judicial division of property rights and obligations between spouses during divorce. It may be done by agreement, through a property settlement , or by judicial decree.
Matrimonial regimes, or marital property systems, are systems of property ownership between spouses providing for the creation or absence of a marital estate and if created, what properties are included in that estate, how and by whom it is managed, and how it will be divided and inherited at the end of the marriage.
Community property (United States) also called community of property (South Africa) is a marital property regime whereby property acquired during a marriage is considered to be owned by both spouses and subject to division between them in the event of divorce. Conversely, property owned by one spouse before the marriage, along with gifts and ...
Property is a system of rights that gives people legal control of valuable things, [1] and also refers to the valuable things themselves. ... Incorporeal division
The community property concept originated in civil law jurisdictions but is now also found in some common law jurisdictions. U.S. states with community property laws draw primarily from the marital property laws under the civil law of France and Spain. [10] Division of community property may take place by item by splitting all items or by values.
There are two ways to assess damages. An objective method uses the market price. The market price, however, can underestimate the truth of the matter. A subjective method of calculation is the alternative. Under the subjective method, the amount of damages is the minimum price the entitlement holder would accept in a bilateral exchange.