Glossary entry (derived from question below)
Norwegian term or phrase:
skifteutlegg
English translation:
(creditor\'s) charging order; (US matr.) spousal lien on marital property
Added to glossary by
dmesnier
May 12, 2023 19:28
1 yr ago
13 viewers *
Norwegian term
skifteutlegg
Norwegian to English
Law/Patents
Law (general)
Marital property division
Hi - I'm looking for an equivalent in UK/US English for "skifteutlegg" This is part of the division of marital property in connection with a divorce as below.
The NO-EN Academic dictionary has the entry: distribution of an estate by execution - but in this context "attachment" seems more accurate. Possibly "property attachment"?
For å få likedeling av verdiene vil retten antagelig gi XXXXXX et skifteutlegg i verdiene YYYYY har i Norge. Et skifteutlegg kan sies opp etter seks måneder og deretter kreves tvangssalg av den berettigede for å få tilgang til verdier vedkommende får i skifteutlegget.
Thanks for your help!
The NO-EN Academic dictionary has the entry: distribution of an estate by execution - but in this context "attachment" seems more accurate. Possibly "property attachment"?
For å få likedeling av verdiene vil retten antagelig gi XXXXXX et skifteutlegg i verdiene YYYYY har i Norge. Et skifteutlegg kan sies opp etter seks måneder og deretter kreves tvangssalg av den berettigede for å få tilgang til verdier vedkommende får i skifteutlegget.
Thanks for your help!
Proposed translations
(English)
| 3 | (creditor's) charging order; (US matr.) spousal lien on marital property |
Adrian MM.
|
| 1 | property attachment in divorce matters |
Andres Larsen
|
Proposed translations
4 hrs
Adrian MM.
Austria
Austria
Native in English
Specializes in field
Austria
Retd.T&I, Barrister & Austro-Advokat
Native in: English (Variants: British, Scottish) 
Works in: Spanish to English, English to Spanish, French to English, and 5 more.
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56
Selected
(creditor's) charging order; (US matr.) spousal lien on marital property
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.
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:
IATE: da udlæg en distraint distress da rørlig ejendom, i hvilken der er foretaget udlæg eller arrest en movable property which has been impounded da udlæg i aktiver en tax *lien* cf. utleggspant
Skifteutlegg er en panterett stiftet av skifteretten i midler som er under skiftebehandling, til sikkerhet for *ektefelles, arvings eller kreditors* rett ifølge skiftet; ref. also 'kreditorer, legatarer eller loddeiere', Juridisk Leksikon, Egil Gulbranse
Reference:
http://www.divorcesource.com/ds/encyclopedia/lien-spousal-lien-on-marital-property-2247.shtml
4 KudoZ points awarded for this answer.
Comment: "Thanks for your help"
2 hrs
Andres Larsen
Venezuela
Venezuela
Native in English
Venezuela
freelance translator
Native in: English
Works in: Spanish to English, English to Spanish, German to English, and 3 more.
Related KudoZ points
:
4
property attachment in divorce matters
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.
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Note added at 2 hrs (2023-05-12 21:51:47 GMT)
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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.
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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