Glossary entry (derived from question below)
German term or phrase:
ehegüterrechtlich
English translation:
under marital property law
Added to glossary by
Marcus Malabad
Mar 11, 2009 16:47
15 yrs ago
2 viewers *
German term
United States
High quality at a reasonable price
Native in: German
Works in: English to German, German to English, German, and 1 more.
ehegüterrechtlich
German to English
Law/Patents
Law: Contract(s)
divorce decree
Da am X.XX. 200X das Scheidungsverfahren zwischen den Eheleuten YYYYY (name of married couple) in ZZZZ (state) bereits anhängig war, war es der Wille aller am Vergleich beteiligten Parteien, sämtliche Vermögenswerte in AAAA (other country) endgültig - auch im Hinblick allfälliger ehegüterrechtlicher Ansprüche - aufzuteilen.
– also including any claims regarding matrimonial assets. / matrimonial asset claims?
TIA
– also including any claims regarding matrimonial assets. / matrimonial asset claims?
TIA
Proposed translations
(English)
| 4 | pertaining to marital property law, claims under |
Helen Shiner
|
| 4 +2 | [claims] under matrimonial property law |
Johanna Timm, PhD
|
| 4 | treat as community property |
Nils Andersson
|
References
| Marital property law |
Helen Shiner
|
Change log
Mar 12, 2009 07:41: Marcus Malabad changed "Edited KOG entry" from "<a href="/profile/113160">Bernhard Sulzer's</a> old entry - "ehegüterrechtlich"" to ""pertaining to marital property law, under marital property law""
Proposed translations
1 hr
Helen Shiner
United Kingdom
United Kingdom
Native in English
United Kingdom
Arts/Academic translator - Art historian
Native in: English
Works in: German to English, French to English
Related KudoZ points
:
12
Selected
pertaining to marital property law, claims under
I have found 'marital property' to be the most widely used US term, rather than 'matrimonial', but perhaps they are interchangeable.
See my refs below
"What is Marital Property"
Dr. Doris Jonas Freed, Joel R. Brandes and Carole L. Weidman [FNa]
New York Law Journal
December 5, 1990
WITH THE FINANCIAL BOOM of the "roaring '80's" coming to a screeching halt, anxious parties to divorce actions are trying harder than ever to take all they can get, a process hastened by harder times. Crumbling asset values, severe slowdowns in real estate and huge national debt have spurred economists to predict a long, steep recession. Reflecting on the deteriorating economic outlook as business failures continue to rise, spouses are scrambling to grab whatever they can find to claim as "theirs." Despite the unpredictability of spousal behavior in the coming years, particularly upon entering a recession, the law defining marital property is quite clear.
The restatement of the Law of Property [FN1] defines "property" as the relation between persons with regard to a thing. Property may be tangible or intangible; it need not have exchange value, nor need it be salable, assignable or transferable. This definition is responsive to contemporary expectations and needs.
When the Equitable Distribution Law (EDL) was enacted in 1980, Domestic Relations Law s 236, Part B(1)(c), gave a radically new statutory definition to "marital property." Under former law, or where DRL s 236 Part A applies, if the term "marital property" is used it refers solely to jointly owned property, such as a residence owned as tenants by the entirety, or joint bank or savings accounts. Under DRL s 236 Part B, "marital property" includes what was previously jointly owned property and much more as well. DRL s 236, Part B, Subdiv. 1-c provides that "marital property" means:
All property acquired by either or both spouses during the marriage and before the execution of a separation agreement or the commencement of a matrimonial action, regardless of the form in which title is held, except as otherwise provided in an agreement pursuant to subdivision three of this part. Marital property shall not include separate property as hereinafter defined.
The definition applies for purposes of equitable distribution of family assets upon divorce. It does not apply where the marriage is dissolved by death. The Estates, Powers and Trusts Law [FN2] controls that situation.
http://www.brandeslaw.com/marital_property/what_is_marital_p...
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Note added at 1 hr (2009-03-11 18:16:36 GMT)
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A helpful link - explains the varying systems in the US and UK - as well as elsewhere...
http://books.google.com/books?id=Mub3-VcRLecC&pg=PA90&lpg=PA...
--------------------------------------------------
Note added at 3 hrs (2009-03-11 19:55:13 GMT)
--------------------------------------------------
It seems then, Bernhard, from what Tom says - see his note to me - that I have alighted upon the US variant, and Johanna the UK one!
--------------------------------------------------
Note added at 6 hrs (2009-03-11 23:06:12 GMT) Post-grading
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Thank you for the points, Bernhard - a chance to learn something new!
See my refs below
"What is Marital Property"
Dr. Doris Jonas Freed, Joel R. Brandes and Carole L. Weidman [FNa]
New York Law Journal
December 5, 1990
WITH THE FINANCIAL BOOM of the "roaring '80's" coming to a screeching halt, anxious parties to divorce actions are trying harder than ever to take all they can get, a process hastened by harder times. Crumbling asset values, severe slowdowns in real estate and huge national debt have spurred economists to predict a long, steep recession. Reflecting on the deteriorating economic outlook as business failures continue to rise, spouses are scrambling to grab whatever they can find to claim as "theirs." Despite the unpredictability of spousal behavior in the coming years, particularly upon entering a recession, the law defining marital property is quite clear.
The restatement of the Law of Property [FN1] defines "property" as the relation between persons with regard to a thing. Property may be tangible or intangible; it need not have exchange value, nor need it be salable, assignable or transferable. This definition is responsive to contemporary expectations and needs.
When the Equitable Distribution Law (EDL) was enacted in 1980, Domestic Relations Law s 236, Part B(1)(c), gave a radically new statutory definition to "marital property." Under former law, or where DRL s 236 Part A applies, if the term "marital property" is used it refers solely to jointly owned property, such as a residence owned as tenants by the entirety, or joint bank or savings accounts. Under DRL s 236 Part B, "marital property" includes what was previously jointly owned property and much more as well. DRL s 236, Part B, Subdiv. 1-c provides that "marital property" means:
All property acquired by either or both spouses during the marriage and before the execution of a separation agreement or the commencement of a matrimonial action, regardless of the form in which title is held, except as otherwise provided in an agreement pursuant to subdivision three of this part. Marital property shall not include separate property as hereinafter defined.
The definition applies for purposes of equitable distribution of family assets upon divorce. It does not apply where the marriage is dissolved by death. The Estates, Powers and Trusts Law [FN2] controls that situation.
http://www.brandeslaw.com/marital_property/what_is_marital_p...
--------------------------------------------------
Note added at 1 hr (2009-03-11 18:16:36 GMT)
--------------------------------------------------
A helpful link - explains the varying systems in the US and UK - as well as elsewhere...
http://books.google.com/books?id=Mub3-VcRLecC&pg=PA90&lpg=PA...
--------------------------------------------------
Note added at 3 hrs (2009-03-11 19:55:13 GMT)
--------------------------------------------------
It seems then, Bernhard, from what Tom says - see his note to me - that I have alighted upon the US variant, and Johanna the UK one!
--------------------------------------------------
Note added at 6 hrs (2009-03-11 23:06:12 GMT) Post-grading
--------------------------------------------------
Thank you for the points, Bernhard - a chance to learn something new!
4 KudoZ points awarded for this answer.
Comment: "Thank you for your effort. :)"
9 mins
Nils Andersson
United States
United States
Native in English
Works in field
United States
Anything technical or legal! Fast and ac
Native in: Swedish 
, English
Works in: English to Swedish, Swedish to English, German to Swedish, and 6 more.
Related KudoZ points
:
8
treat as community property
In English, the distinction is between "indivicual property" and
"community property", the latter being owned jointly by the married couple. The rules for which is which vary by state (in the US),
but here the parties have agreed.
Nils
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Note added at 37 mins (2009-03-11 17:25:33 GMT)
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No, it is actually COMMUNITY PROPERTY, strangely enough.
"community property", the latter being owned jointly by the married couple. The rules for which is which vary by state (in the US),
but here the parties have agreed.
Nils
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Note added at 37 mins (2009-03-11 17:25:33 GMT)
--------------------------------------------------
No, it is actually COMMUNITY PROPERTY, strangely enough.
Peer comment(s):
| neutral |
David Moore (X)
: Don't ask me why I'm never going to the States; "Community", or "communal"???
2 mins
|
|
It is actually "community property", believe it or nuts.
|
|
| neutral |
Helen Shiner
: This would not work in the UK and is incomprehensible to my BE ears. Do you have any refs for this?/ See my ref.
48 mins
|
| agree |
Kevin Fulton
: Community property works in US
1 hr
|
| disagree |
Adrian MM. (X)
: the substrate is unspecified. ehergüterrechtlich could be either a community - joint tenancy = ownership/Gütergemeinschaft or separate - tenancy-in-common - property/Gütertrennung regime
1 hr
|
+2
1 hr
Johanna Timm, PhD
Canada
Canada
Native in German
Canada
Friendly, fast & certified!
Native in: German (Variants: Swiss, Platt / Nieder (Low German), Austrian, Germany) 
Works in: English to German, German to English, German
Related KudoZ points
:
334
[claims] under matrimonial property law
That's how I have translated this in the past.
Googles well.
Googles well.
Note from asker:
| and "proprietary assets for the preceeding "Vermögenswerte", yes? Thanks, Johanna! |
Peer comment(s):
| agree |
croli
: I use this term too.
3 mins
|
| agree |
Adrian MM. (X)
: matrimonial property claims or remedies
12 mins
|
Reference comments
59 mins
Helen Shiner
United Kingdom
United Kingdom
Native in English
United Kingdom
Arts/Academic translator - Art historian
Native in: English
Works in: German to English, French to English
Related KudoZ points
:
12
Reference:
Marital property law
US:
Your state will be either an equitable distribution state or a community property state. Once it is determined how marital property is divided in your state, four concerns need to be dealt with.
Marital assets owned by you and your spouse will need to be identified.
The assets will need to be categorized by marital or non-marital property.
A value will have to be assigned to the assets.
A plan for division of the assets must be established in accordance with your state laws.
Due to no-fault divorce laws, most states separate the division of marital property from any grounds for the divorce. Most states will, however consider financial misconduct when dividing marital property. If your spouse has gone through a mid-life crises and foolishly spent money, or has been engaged in an affair and given money to the other man/other woman, then your spouse should expect to be penalized when splitting marital property.
If you feel there will be problems with your spouse during the division of marital assets, you should consider separating any joint financial obligations; you have before starting the process. Marital property does not only consist of dividing furniture and household items. Any joint credit accounts you have are considered during the division process also. The quicker you can set up separate accounts the better. It may cause feelings of hostility between you and your spouse to begin with but, in the end you will both be better served. Below are some tips to consider:
Each spouse should have a complete set of all financial documents in their possession.
Establish credit in the name of each spouse and close all joint credit card accounts.
Have a formal written agreement about the activity on any joint credit accounts until all accounts can be separated.
Open separate bank accounts.
If you maintain a joint bank account, you should have a written agreement regarding the purpose of the account and what the funds will be used for. It’s best to require both signatures on any checks written from the joint account.
Freeze any investment assets so that neither spouse may misuse funds.
Change the title to your home, if you own a home to include, “tenants in common.”
http://divorcesupport.about.com/od/propertydistribution/qt/d...
--------------------------------------------------
Note added at 1 hr (2009-03-11 18:02:46 GMT)
--------------------------------------------------
Claims under marital property law:
http://books.google.com/books?id=hzSHhFHtQ1oC&pg=PA142&lpg=P...
--------------------------------------------------
Note added at 1 hr (2009-03-11 18:04:10 GMT)
--------------------------------------------------
http://www.dor.state.wi.us/forms/estate/ht-301.pdf
--------------------------------------------------
Note added at 3 hrs (2009-03-11 19:47:56 GMT)
--------------------------------------------------
http://www.lawcom.gov.uk/marital_property.htm
Your state will be either an equitable distribution state or a community property state. Once it is determined how marital property is divided in your state, four concerns need to be dealt with.
Marital assets owned by you and your spouse will need to be identified.
The assets will need to be categorized by marital or non-marital property.
A value will have to be assigned to the assets.
A plan for division of the assets must be established in accordance with your state laws.
Due to no-fault divorce laws, most states separate the division of marital property from any grounds for the divorce. Most states will, however consider financial misconduct when dividing marital property. If your spouse has gone through a mid-life crises and foolishly spent money, or has been engaged in an affair and given money to the other man/other woman, then your spouse should expect to be penalized when splitting marital property.
If you feel there will be problems with your spouse during the division of marital assets, you should consider separating any joint financial obligations; you have before starting the process. Marital property does not only consist of dividing furniture and household items. Any joint credit accounts you have are considered during the division process also. The quicker you can set up separate accounts the better. It may cause feelings of hostility between you and your spouse to begin with but, in the end you will both be better served. Below are some tips to consider:
Each spouse should have a complete set of all financial documents in their possession.
Establish credit in the name of each spouse and close all joint credit card accounts.
Have a formal written agreement about the activity on any joint credit accounts until all accounts can be separated.
Open separate bank accounts.
If you maintain a joint bank account, you should have a written agreement regarding the purpose of the account and what the funds will be used for. It’s best to require both signatures on any checks written from the joint account.
Freeze any investment assets so that neither spouse may misuse funds.
Change the title to your home, if you own a home to include, “tenants in common.”
http://divorcesupport.about.com/od/propertydistribution/qt/d...
--------------------------------------------------
Note added at 1 hr (2009-03-11 18:02:46 GMT)
--------------------------------------------------
Claims under marital property law:
http://books.google.com/books?id=hzSHhFHtQ1oC&pg=PA142&lpg=P...
--------------------------------------------------
Note added at 1 hr (2009-03-11 18:04:10 GMT)
--------------------------------------------------
http://www.dor.state.wi.us/forms/estate/ht-301.pdf
--------------------------------------------------
Note added at 3 hrs (2009-03-11 19:47:56 GMT)
--------------------------------------------------
http://www.lawcom.gov.uk/marital_property.htm
Peer comments on this reference comment:
| agree |
Johanna Timm, PhD
10 mins
|
|
Thanks, Johanna
|
|
| agree |
Adrian MM. (X)
: It's paradoxical how you, in the UK, have used the US/Can variant of marital and Johanna in Can. has the preferred Brit. version of matrimonial prop.//which ref. is British? I - weaned on the UK Matrimonial Proceedings & Property Act 1970 - can't see one.
29 mins
|
|
Seems to me, marital is used in UK, too - see my refs attached to my answer. Put it down to the internet and my supposition that US variant was needed!! Thanks, Tom./I thought the Google book one was - I'm happy to defer to your obvious greater knowledge!
|
|
| agree |
Inge Meinzer
3 hrs
|
|
Thanks, Inge
|
Discussion