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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.
A straw deed is when two deeds are filed in quick succession, the first from Party A to Party B and then the second from Party B back to Party A. This is used to sidestep legal restrictions of sales between spouses or joint owners, or to incorporate a new survey description. Party B is a trusted intermediary, either a close friend or an attorney.
Legal separation (sometimes judicial separation, separate maintenance, divorce a mensa et thoro, or divorce from bed-and-board) is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order.
A prenuptial agreement, antenuptial agreement, or premarital agreement (commonly referred to as a prenup), is a written contract entered into by a couple before marriage or a civil union that enables them to select and control many of the legal rights they acquire upon marrying, and what happens when their marriage ends by death or divorce.
Divorce mediation is an alternative to traditional divorce litigation that attempts to help opposing spouses find common ground during the divorce process. [ 81 ] [ 82 ] In a divorce mediation session, a mediator facilitates the discussion between the spouses by assisting with communication and providing information and suggestions to help ...
The office of Commissioner of Deeds is one unique to the United States. During the 19th century, deeds concerning property located in a particular state could only be acknowledged before a Notary Public in that state; if the deeds was acknowledged outside the state where the subject property was located, the grantor would have to find a judge of a court of record to take the acknowledgment.
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