skifteutlegg
English translation: (creditor\'s) charging order; (US matr.) spousal lien on marital property
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| 19:28 May 12, 2023 |
| Norwegian to English translations [PRO] Law/Patents - Law (general) / Marital property division | |||||||
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|  Selected response from: Adrian MM. Austria | ||||||
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| 3 | (creditor's) charging order; (US matr.) spousal lien on marital property |
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| 1 | property attachment in divorce matters |
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| Discussion entries: 1 | |
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Answers
2 hrs confidence: 
property attachment in divorce matters Explanation: Property Attachment in Divorce Matters https://www.massdivorceattorney.net › ... PROPERTY ATTACHMENT IN DIVORCE MATTERS ATTACHMENTS OF PROPERTY IN DIVORCE CASES Attachment of property means that the court issues an order that effectuates a seizure of property in the anticipation that the property will be used to satisfy a judgment. In divorce matters, attachment may occur at the outset of the filing of the case by the Plaintiff even before the Defendant is served with the divorce summons and complaint. The court must approve the attachment as the Plaintiff files an affidavit supporting his or her reasons why attachment is necessary. Of course, the Defendant is entitled to a hearing on this issue. Attachments without notification to the Defendant do not occur in perpetuity without giving the Defendant a chance to reply. Service of the motion for attachment must occur promptly. Additionally, the Defendant is allowed to request the court attach property owned by the Plaintiff at any time after commencement of the action. The court may order the attachment of property ex parte (i.e. a hearing before the court without the other party’s presence). However, the party seeking attachment must show there is a reasonable likelihood that they will recover in a judgment that property they seek to attach, and the following: The amount of the potential judgment is equal to or in excess of the amount of the property attached. The Defendant is not subject to personal jurisdiction or there is a clear danger that the owner will remove the property from the state, conceal it or convey it if notified in advance of the motion for attachment or there is an immediate danger that the property will be destroyed or damaged. The party whose property is attached may bring a motion to quash the attachment. Finally, the Court may attach property to secure future support obligations, including child and spousal support. -------------------------------------------------- Note added at 2 hrs (2023-05-12 21:51:47 GMT) -------------------------------------------------- In order to obtain equal distribution of the marital property, the court will presumably grant XXXXXX a property attachment on the marital property YYYYY has in Norway. A property attachment can be terminated after six months and then a forced sale is required by the entitled party to gain access to marital property that this person receives with this property attachment. |
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4 hrs confidence:
(creditor's) charging order; (US matr.) spousal lien on marital property Explanation: Levy of execution usually covers a mulitutde of sins, but this is more specific and not intended to benefit solely a spouse, inheritor or creditor generally - see the second example sentence. In England & Wales, a charging order is like a court-imposed mortgage over a judg(e)ment / exeuction debtor's poperty (including company shares) and, in the USA (a Handbook of Business Law Terms,, Garner), enables a creditor to obtain satisfaction out of a partner's share or interest in the partnership. Otherwise in E&W, the (devious Solicitors') Statutory Charge attaches to land (and buildings) for Legal Aid advanced and can wipe out the award made e.g. of the (AmE) marital / (BrE) matrimonial home, though may be waived in the case of 'hardship'. USA: Spousal Lien on Marital Property - an encumbrance placed upon property owned by a judgment debtor which prevents the sale, transfer of title, or refinancing of the property until the debt is paid. Application in Divorce In law liens happen in a number of circumstances. Example sentence(s):
Reference: http://www.divorcesource.com/ds/encyclopedia/lien-spousal-li... Reference: http://snl.no/skifteutlegg |
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